Blackledge v. State
299 Ga. 385
| Ga. | 2016Background
- On August 2, 2007 Justin Brown was fatally shot during a chase after an attempted robbery; Milton Blackledge and four co-defendants were indicted for murder, related assaults, conspiracy to commit armed robbery, a Street Gang Act violation, and weapons offenses.
- Evidence showed Blackledge drove co-defendants to the robbery site, was present with a .380 handgun, and later admitted presence though initially gave an alibi; shell casings and projectiles linked shootings to the weapons used.
- Blackledge, Hayes, Nwakanma, and Francis were tried jointly in 2009; Abdus-Salaam was tried later and pleaded guilty to reduced charges.
- Jury convicted Blackledge of felony murder (predicated on aggravated assault), conspiracy, multiple aggravated assaults, Street Gang Act violation, and weapons offenses; life plus concurrent and consecutive terms were imposed.
- Blackledge appealed, arguing insufficiency of Street Gang Act evidence, improper denial of severance, erroneous admission of other-acts (a North Carolina murder), unauthenticated MySpace evidence, improper admission of cell records, and Confrontation Clause violation.
Issues
| Issue | Blackledge's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Street Gang Act conviction | Evidence did not prove gang status, Blackledge’s association, or that robbery furthered gang interests | Evidence established MPRC 300 was a criminal street gang, Blackledge’s association, and robbery furthered gang | Affirmed — evidence sufficient under Jackson v. Virginia standard |
| Denial of severance (joint trial with three co-defendants) | Joint trial was prejudicial and risked juror confusion and antagonistic defenses | Joint trial proper: offenses, witnesses, and defenses were substantially identical; limiting instructions given | Affirmed — no clear showing of prejudice; trial court within discretion |
| Admission of similar-transaction evidence (North Carolina murder) | Prior act was dissimilar and prejudicial; should be excluded | Prior act admitted to show intent/"bent of mind" and to rebut minimization of involvement; similarities supported admission | Affirmed — trial court did not abuse discretion under old Evidence Code; similarities sufficient for admissibility |
| Authentication of MySpace photographs/captions | Printouts were not properly authenticated | Officer located pages via identifying info and testified printouts were accurate; supplemental testimony identified pictured individuals | Affirmed — circumstantial authentication sufficient |
| Admission of cell phone records under business-records exception | Records inadmissible hearsay without proper foundation | Records custodians testified records made in regular course and showed tower hits/time | Affirmed — admission not an abuse of discretion; records properly foundationally authenticated |
| Confrontation Clause re: non-testifying Francis’s pretrial statement | Admission of Francis’s statement violated right to confront co-defendant | Statement was non-testimonial (made to jailhouse informant during concealment phase) | Affirmed — statement non-testimonial; Confrontation Clause not implicated |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Malcolm v. State, 263 Ga. 369 (operation of law vacating duplicate felony-murder verdicts)
- Nwakanma v. State, 296 Ga. 493 (affirming co-defendants’ convictions; gang and evidence discussion)
- Hayes v. State, 298 Ga. 339 (affirming related co-defendant conviction; gang evidence)
- Lamar v. State, 297 Ga. 89 (standards for similar-transaction evidence under old Evidence Code)
- Brite v. State, 278 Ga. 893 (focus on similarities for other-acts evidence)
- Burgess v. State, 292 Ga. 821 (authentication of social media printouts)
- Cotton v. State, 297 Ga. 257 (authentication and admission of social-media evidence)
- Kilgore v. State, 295 Ga. 729 (business-records foundation for phone records)
- Hurst v. State, 285 Ga. 294 (review of business-records admission)
- Favors v. State, 296 Ga. 842 (testimonial statement test; co-conspirator statements admissible during concealment)
- Brooks v. State, 298 Ga. 722 (clarifying limits on "bent of mind" under new Evidence Code)
- Thomas v. State, 293 Ga. 829 (burden to show prejudice for severance)
- Hicks v. State, 295 Ga. 268 (factors for severance decision)