Coley v. State
305 Ga. 658
Ga.2019Background
- On Sept. 21, 2006 John Adams was shot dead around midnight. Christopher Lee Coley was arrested and later tried for malice murder; jury convicted and sentenced to life (trial Dec. 2007).
- Coley and cousin Marcus Lawson spent the day together; Lawson testified Coley showed him a loaded gun that night, they hid in bushes, Coley ran up to Adams, a shot followed, and Coley later said he had shot Adams.
- Lawson led police to discarded bandanas, a black T‑shirt, and a handgun near the scene; ballistics matched the handgun to the fatal bullet and Coley’s DNA was on the black T‑shirt.
- Coley initially denied involvement, later blamed Lawson; his recorded statement described details placing him close to the victim. Coley’s jeans (worn at arrest) had a bloodstain.
- Coley appealed, arguing (inter alia) insufficient evidence/corroboration of accomplice testimony, trial errors (mistrial, party‑to‑crime charge, alternate juror in deliberations), and ineffective assistance of counsel. Court affirmed.
Issues
| Issue | Plaintiff's Argument (Coley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence / corroboration of accomplice testimony | Lawson was an accomplice whose testimony was uncorroborated or vague; conviction should not stand. | Independent, slight corroboration existed (Coley at scene, DNA on T‑shirt found near gun, blood on jeans, neighbors saw two people flee, Coley’s descriptive statement). | Affirmed: accomplice testimony sufficiently corroborated and evidence adequate for malice murder. |
| Motion for mistrial after testimony referencing Coley’s arrest for sale of cocaine/probation violation | Testimony injected improper character/bad‑act evidence requiring mistrial. | No contemporaneous mistrial motion was made; issue waived by failure to timely move for mistrial. | Denial of belated mistrial motion not preserved for appeal; claim fails. |
| Jury charge on party to a crime | Charge was improper because Coley was merely present and not a co‑actor. | Evidence supported party‑to‑crime theory (shared conduct, concealment, disposal of evidence, Coley’s statements). | Charge properly given; preserved objection failed. |
| Alternate juror present during deliberations | Presence of alternate juror required new trial (statutory proscription). | Coley agreed (defense counsel conferred with him and declined to object), waiving any error. | Waived by consent; no reversal. Court warns practice is inappropriate. |
| Ineffective assistance of counsel (curative instruction; fingerprint testing; jury representativeness) | Counsel erred by refusing curative instruction, failing to test gun/magazine for prints, and not securing a more representative jury. | Tactical refusal of instruction was reasonable; no proof testing would yield exculpatory prints; counsel did raise Batson challenge to peremptory strikes. | Strickland not satisfied: strategy reasonable, no prejudice shown, and no established deficiency on Batson/voir dire record. Appeal denied. |
Key Cases Cited
- Bradshaw v. State, 296 Ga. 650 (corroboration of accomplice testimony may be slight and circumstantial)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two‑prong test for ineffective assistance of counsel)
- Eller v. State, 303 Ga. 373 (alternate juror presence; error waived if defendant consented)
- Brewer v. State, 301 Ga. 819 (strategic trial decisions rarely establish ineffective assistance)