Ballard v. State v. State
297 Ga. 248
| Ga. | 2015Background
- On Feb. 23, 2011, Chaz Ballard and Singlee Soun met James Johnson in an Econo Lodge hotel room to sell fake meth; when Johnson discovered it was fake both defendants shot and killed him. Both fled; surveillance and physical evidence (shell casings, Soun’s DNA on a water bottle) connected them to room 220. A large portion of cash Johnson had displayed earlier was never recovered.
- Ballard and Soun were jointly tried and convicted of multiple counts, including felony murder, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. Sentences included life without parole and lengthy consecutive terms.
- Both defendants filed amended motions for new trial that were denied; they appealed and the Supreme Court of Georgia consolidated the appeals.
- Ballard raised insufficiency of the evidence, a severance/bifurcation claim, alleged improper jury instructions on justification/self-defense, Brady and disclosure issues, and numerous ineffective-assistance-of-counsel claims.
- Soun challenged severance and requested jury instructions on justification (possession of a rifle as preventive self-defense); he also argued the court’s justification instruction commented on the evidence.
- The Court affirmed both convictions, finding the evidence sufficient and rejecting all procedural, instructional, Brady, severance, bifurcation, and ineffective-assistance claims.
Issues
| Issue | Ballard's Argument | Soun's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Conviction not supported by evidence | Same (challenged convictions) | Evidence sufficient for convictions (Jackson standard) |
| Severance of joint trial | Trial should be severed from Soun | Trial should be severed from Ballard | No prejudice shown; denial of severance proper (Way/Greene factors) |
| Jury instruction on justification/self-defense | Court improperly commented on evidence and omitted duty-to-retreat language | Court failed to sua sponte instruct that rifle possession was justified as preventing imminent harm | Charge was a correct statement of law, not a comment on evidence; requested and given instructions covered defenses; no error |
| Bifurcation of felon-in-possession count | Felon-in-possession should be tried separately from felony murder | Same | No error; possession count was directly related and could be underlying felony for felony murder (Poole) |
| Brady / disclosure of criminal histories | State suppressed criminal histories of witnesses and victim | State did not possess or suppress material exculpatory evidence | No Brady violation; prosecution not required to provide criminal records absent possession of material favorable evidence |
| Ineffective assistance of counsel (multiple grounds) | Counsel erred (stipulations, redactions, investigation, objections) and prejudiced outcome | Counsel’s choices were reasonable trial strategy or caused no prejudice | Strickland not satisfied: either no deficient performance or no prejudice given overwhelming evidence; claims failed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Way v. State, 239 Ga. 316 (defendant cannot complain of denial of co-defendant's severance motion he did not join)
- Poole v. State, 291 Ga. 848 (bifurcation—possession by felon may be underlying felony for felony murder)
- DeLeon v. State, 289 Ga. 782 (no reversal for failure to instruct that there is no duty to retreat when jury instructed on justification)
- Goodwin v. Cruz-Padillo, 265 Ga. 614 (proffer required to show prejudice from failure to call witnesses/evidence)
- Greene v. State, 274 Ga. 686 (standards/factors for severance in joint trials)
- Ross v. State, 279 Ga. 365 (when prior conviction may be excluded by stipulation to avoid inflammatory effect)