Barge v. State
294 Ga. 567
| Ga. | 2014Background
- Lamario Barge was convicted in Bibb Superior Court of felony murder and related offenses for the January 19, 2004 shooting death of Steven Bass; severance motions were denied.
- Co-defendants Henderson and Ross were tried with Barge; Henderson faced additional charges (felony murder and felon-in-possession).
- Surviving victims identified Barge as one of the three gunmen; Ross testified to joint participation; Henderson claimed involvement for defense purposes.
- Harge claimed alibi; others testified to events at the Macon duplex where victims were robbed and Bass was killed.
- During Henderson’s case, a videotape showing Barge performing as “Little Yo” was introduced; Barge denied the nickname, impeachment evidence followed.
- The trial court denied multiple severance motions; the jury acquitted Barge of some charges and convicted him on the remaining offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain the convictions | Barge | Barge | Evidence sufficient; rational jury could convict |
| Whether trial counsel was ineffective under Strickland | Barge claims deficient investigation and witnesses prejudiced defense | State contends no prejudice established | No prejudice shown; ineffective-assistance claim denied |
| Whether the joint trial with Henderson was improperly severed | Severance warranted due to antagonistic defenses and potential prejudice | Joint trial proper; no undue confusion or prejudice | No abuse of discretion; joint trial upheld |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (standard for sufficiency review)
- Cutrer v. State, 287 Ga. 272 (Ga. 2010) (sufficiency standard in Georgia post-Hamptons)
- Lowe v. State, 288 Ga. 662 (Ga. 2011) (clarifies sufficiency evaluation)
- Hampton v. State, 282 Ga. 490 (Ga. 2007) (sufficiency in credibility context)
- Crowder v. State, 294 Ga. 167 (Ga. 2013) (ineffective-assistance prejudice prong)
- Wright v. State, 291 Ga. 869 (Ga. 2012) (two-prong ineffective-assistance test)
- Smith v. State, 290 Ga. 428 (Ga. 2012) (abuse-of-discretion review of severance)
- Coe v. State, 293 Ga. 233 (Ga. 2013) (antagonistic defenses insufficient for severance)
- Dulcio v. State, 292 Ga. 645 (Ga. 2013) (severance considerations with multiple defendants)
- Nance v. State, 272 Ga. 217 (Ga. 2000) (impeachment evidence and due process)