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Geiger v. State

The inadvertent failure to remove the defendant's leg shackles when he entered the courtroom prior to jury selection did not constitute the admission of improper character evidence.

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Following a jury trial, Tomorris Geiger was found guilty of murder, felony murder, armed robbery, kidnapping, and various other offenses in connection with the shooting deaths of cousins Dewayne and John Bacon.1 On appeal, Geiger contends that the evidence was insufficient to support the verdict; that the trial court erred by admitting similar transactions and improper character evidence; that the trial court erred by denying Geiger’s second request for a continuance; and that his trial counsel was ineffective. For the reasons that follow, we affirm.

1. Viewed in the light most favorable to the verdict, the record reveals that, on May 6, 2003, Dewayne agreed to give Geiger a ride. The next day, Geiger and co-defendant Charles Mattox held Dewayne hostage and robbed him. They then lured John to where they were holding Dewayne by making Dewayne call John under the pretense that Dewayne needed a ride. John drove from his home in order to pick up Dewayne. When John encountered Geiger and Mattox, however, Geiger forced Dewayne and John into a grave and shot both of them in the head, killing them.

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