Anglin v. State
302 Ga. 333
| Ga. | 2017Background
- Victim Damion Wright was fatally shot after meeting Nehemiah Anglin for a drug transaction; Wright’s gun was recovered and forensic evidence indicated it fired from >10 feet away.
- Co-defendant/witness Daniel Squires testified that Anglin grabbed Wright’s gun, hit him, then shot him; Squires’s testimony was corroborated by other witnesses, physical evidence (Anglin’s fingerprint on a marijuana bag), and medical findings.
- Jailhouse testimony (Irungo Tate) and recorded interviews suggested Anglin arranged a “hit” on Squires and identified Anglin as affiliated with the Bloods gang; deputies observed Squires beaten in custody, which the State linked to Anglin’s alleged threats.
- Defense called eyewitness Laporscha Mitchell, who testified she did not see Anglin at the scene; police detective Freer later testified about Mitchell’s reliability on rebuttal after defense questioned his handling of her interview.
- Trial evidence included tattoo photographs taken pursuant to a warrant, security-camera footage (not played for the jury), and recorded statements; Anglin did not testify but a recorded police interview was played.
- Procedural posture: Anglin convicted of felony murder (predicate: possession of marijuana) and marijuana possession; sentenced to life. He appealed claiming various evidentiary errors, hearsay problems, improper credibility testimony, ineffective assistance, and insufficiency of the evidence. Court affirmed.
Issues
| Issue | Anglin's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Evidence insufficient to support felony murder | Evidence (Squires, corroboration, forensics) proves guilt beyond reasonable doubt | Evidence sufficient (Jackson standard) affirmed |
| Admission of testimony that Anglin put a “hit” on Squires | Testimony was hearsay and prejudicial | Testimony cumulative of Tate’s direct testimony about Anglin’s statements | Even if erroneous, admission harmless because cumulative evidence existed |
| Admission of gang evidence and tattoos | Highly prejudicial; no proof crime was gang-related | Gang affiliation probative of motive; tattoos and expert relevant; warrant for photos supported probable cause | Trial court did not abuse discretion; evidence relevant and probative; photos admissible; self‑incrimination claim rejected by precedent |
| Admission/authentication of QT security video and officer testimony | Video not properly authenticated; Freer’s testimony about video was hearsay | Video was admitted; Freer’s testimony summarized its lack of showing Anglin; any error harmless given strong case | Any authentication/hearsay error harmless due to overwhelming evidence |
| Admission of Latoya Wright’s statement about husband bringing a gun | Hearsay; doctrine of forfeiture by wrongdoing inapplicable | Offered to explain motive/nonhearsay; cumulative of other evidence | Admission harmless or nonhearsay when used for motive; cumulative if offered for truth |
| Detective Freer’s rebuttal comments on witness credibility | Impermissible comment on credibility; jury’s role | Testimony explained investigative decisions after defense opened door; not an abuse | Court did not abuse discretion; defense opened the door; testimony permitted |
| Ineffective assistance re: jury charges (Allen charge, gang instruction, party-to-crime recharge, felony-murder predicate) | Counsel failed to object to coercive or erroneous instructions | Charges were proper or objections would have been futile; no prejudice shown | Claims fail: performance not deficient or issue abandoned; no Strickland prejudice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑part test)
- Young v. State, 297 Ga. 737 (trial court evidentiary discretion reviewed for abuse)
- Glispie v. State, 300 Ga. 128 (magistrate probable‑cause review for warrants)
- Ingram v. State, 253 Ga. 622 (no self‑incrimination violation from photographing tattoos)
- Hickman v. State, 299 Ga. 267 (forfeiture by wrongdoing doctrine)
- Means v. United States, 695 F.2d 811 (erroneous hearsay harmless when cumulative)
- Edouard v. United States, 485 F.3d 1324 (Rule 403 balance and review guidance)
- Adkins v. State, 301 Ga. 153 (no‑bolstering and limits on witness credibility testimony)