314 Ga. 459
Ga.2022Background
- Riki Ray Albury was indicted for malice murder and related counts for the June 28, 2018 killing of Ronald Roach; tried September 2019, convicted of malice murder and other counts, sentenced to life plus consecutive probated terms; motion for new trial denied and appeal followed.
- Evidence placed Albury at Roach’s apartment the night of the killing: witnesses (Prentiss Green, Kessiah Rowe) identified Albury at the scene; DNA on recovered underwear matched Roach, Albury, and Rowe.
- Rowe testified she saw Smith attack Roach and that Albury watched, later admitting participation; Rowe also testified Smith displayed a knife during an earlier altercation.
- Medical examiner Dr. Christy Cunningham performed the autopsy, identifying 38 stab wounds and blunt-force head trauma; the head injury was visible only after the scalp was peeled back, and a post-incision autopsy photograph showing that injury was admitted at trial.
- Albury raised on appeal: (1) trial court’s failure to excuse two jurors for scheduling conflicts, (2) erroneous admission of a post-incision autopsy photograph under OCGA § 24-4-403, and (3) ineffective assistance of trial counsel (failure to seek juror questioning after a juror became ill and failure to request/preserve voluntary manslaughter instruction).
Issues
| Issue | Plaintiff's Argument (Albury) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Trial court failed to excuse two jurors for cause (scheduling conflicts) | Jurors had scheduling conflicts that warranted excusal | No timely objection or motion to strike was made at trial | Waived on appeal for failure to move to strike; no plain-error review available |
| Admission of post-incision autopsy photograph (Rule 403) | Photo was gruesome, not necessary to show cause of death, should have been excluded under Rule 403 | Photo was relevant; head injury only visible post-incision and tended to show blunt-force trauma suggesting another assailant | No abuse of discretion; trial court implicitly applied Rule 403 and probative value outweighed prejudice |
| Ineffective assistance: counsel failed to request questioning of jurors after Juror 28 became ill | Counsel should have pressed for voir dire of remaining jurors to detect bias caused by juror illness | Counsel did not object at trial; no evidence that further questioning would have changed outcome | No prejudice shown; even assuming deficient performance, Albury failed to show reasonable probability of a different outcome |
| Ineffective assistance: counsel failed to request voluntary manslaughter charge / failed to object to its removal | Counsel should have preserved lesser-included instruction; voluntary manslaughter could avoid mandatory life | Counsel and Albury chose an ‘‘all-or-nothing’’ strategy to assert nonparticipation and declined the plea; strategy was reasonable and discussed with client | Strategy was not patently unreasonable; failure to request the charge did not establish deficient performance or prejudice |
Key Cases Cited
- Hill v. State, 310 Ga. 180 (2020) (failure to move to strike juror waives appellate review)
- Venturino v. State, 306 Ga. 391 (2019) (autopsy-photo admissibility under Evidence Code; apply Rule 403 balancing)
- Mitchell v. State, 307 Ga. 855 (2020) (evaluate autopsy photographs under Rules 401–403)
- Allen v. State, 307 Ga. 707 (2020) (autopsy photos may be probative of nature/location of injuries even when cause of death is not disputed)
- Moore v. State, 307 Ga. 290 (2019) (post-incision photos admissible when probative of circumstances of killing)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficiency and prejudice)
- Outlaw v. State, 311 Ga. 396 (2021) (pursuit of an all-or-nothing defense is permissible trial strategy)
- Floyd v. State, 307 Ga. 789 (2020) (decisions about defenses and lesser charges are trial strategy)
- Szorcsik v. State, 303 Ga. 737 (2018) (failure to request lesser offense instruction can be reasonable when counsel pursues all-or-nothing defense)
- Jones v. State, 282 Ga. 47 (2007) (no prejudice shown from counsel's failure to inquire into juror conduct absent evidence outcome affected)