301 Ga. 694
Ga.2017Background
- On Sept. 7, 2012, six men were accosted at gunpoint in Fulton County; multiple victims were shot and Kenneth Roberts died of four gunshot wounds.
- Marcus Battle and Jacobey Carter (with co-defendant Robert Harris) were indicted on murder, felony-murder, multiple aggravated-assault/battery counts, and related firearm offenses after evidence tied them to the scene.
- Evidence: eyewitness identifications, hospital video and blood in a car driven by Carter’s then-girlfriend (Adrieonna Jumper), Battle’s cell phone located near the scene minutes before the shooting, and witness statements implicating Battle in shooting a fleeing victim.
- Jumper and other witnesses testified about Carter directing the driver to Erin Avenue, positioning the vehicle, transporting participants, and cleaning the car after the shooting.
- At joint trial Battle convicted on all counts (including malice murder); Carter acquitted of malice murder but convicted of felony murder and related offenses. Both appealed.
- The Georgia Supreme Court affirmed all convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady violation (Battle) | State failed to disclose an alleged deal reducing witness Howard’s federal sentence tied to his testimony. | Battle argued nondisclosure was material and prejudicial. | Waived (not raised at trial); alternatively, speculative and not shown to be state-known or material — claim fails. |
| Prosecutor disqualification (Battle) | DA’s office should be disqualified because victim was child of DA’s longtime employee, creating conflict/appearance of impropriety. | No evidence DA or prosecutor had personal interest or improper involvement; precautions taken. | Untimely and meritless; no personal interest or conflict shown, no disqualification. |
| Ineffective assistance re: Bruton (Battle) | Trial counsel erred by not objecting to detective’s testimony summarizing non-testifying co-defendant Carter’s statements (Bruton claim). | Even if admission implicated Battle, evidence from other witnesses and phone/location proof made any Bruton error non-prejudicial. | Strickland prongs not met: no reasonable probability of different outcome given strength of other evidence; claim denied. |
| Sufficiency of evidence (Carter) | Carter contends no proof he planned or participated in the fatal shooting. | State argues Carter aided/abetted: guided driver to scene, positioned vehicle, transported participants, cleaned car, and was present before/during/after. | Evidence sufficient under Jackson to support convictions for felony murder and related counts; convictions affirmed. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose materially exculpatory evidence)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Bruton v. United States, 391 U.S. 123 (1968) (testimonial statement of non-testifying co-defendant that directly incriminates another in joint trial may violate Confrontation Clause)
- Burgess v. State, 278 Ga. 314 (2004) (prejudice inquiry for Bruton-related ineffective assistance claims)
- Pierce v. State, 286 Ga. 194 (2009) (procedural bar for issues not raised at trial or in motion for new trial)