The Supreme Court of Georgia on Tuesday affirmed the malice murder conviction of Javaris Compton, ruling that his defense team waited too long to request a mistrial during his initial trial for a fatal prison stabbing.
The unanimous decision, authored by Justice LaGrua, centers on a procedural rule requiring defense attorneys to object immediately when improper testimony is heard in court.
Compton was convicted by a Hancock County jury in April 2024 for the January 4, 2021, death of his cellmate, Rashad Bolton, at Hancock State Prison. According to court records, correctional officers were alerted by other inmates yelling that a prisoner needed help or he would die. A responding officer found Bolton bleeding from his chest inside the locked cell he shared with Compton.
After both men were handcuffed, an emergency response team opened the door and observed that Compton had moved his handcuffs from his back to his front. Officers reported that Compton then pulled a homemade weapon, or “shank,” from his pants. Bolton was unarmed and could not be revived by medical staff. The medical examiner confirmed Bolton died from multiple sharp force injuries. Compton was subsequently sentenced to life in prison without the possibility of parole.
In his appeal to the state’s highest court, Compton’s sole legal argument was that the trial court should have declared a mistrial after a state investigator mentioned Compton’s choice to remain silent.
During the trial, the prosecution questioned Georgia Department of Corrections Special Agent Timothy Konzelman about his investigation. Konzelman testified that he read Compton his Miranda rights, and Compton refused to talk to him.
Compton’s defense attorney did not object immediately. Instead, the prosecutor asked five additional questions regarding whether the agent knew if the prison warden had spoken to Compton. Only after that exchange did the defense request a bench conference, object to the statement, and move for a mistrial.
While the trial judge sustained the objection and instructed the jury to disregard the investigator’s comment, the judge denied the request for a full mistrial.
The Supreme Court of Georgia ruled that because the defense did not move for a mistrial at the earliest possible opportunity, the issue was waived and not preserved for appellate review.
“It is well settled that, to preserve a motion for mistrial for appellate review, an appellant must make a contemporaneous motion at the time he becomes aware of the matter giving rise to the motion,” Justice LaGrua wrote.
The court noted that the proper time to object was the exact moment Agent Konzelman stated that Compton refused to speak. By allowing the prosecution to ask multiple unrelated questions before raising the issue, the defense failed to meet the legal standard for a timely objection.
Because the procedural error prevented the high court from reviewing the merits of the mistrial argument, Compton’s conviction and life sentence stand.
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