S26A0426, S26A0427
Ga.Jun 16, 2026Background
- Collins and Hughley were convicted after a second jury trial for felony murder, hijacking a motor vehicle, aggravated assault, firearm possession, and street-gang offenses arising from Bradley Coleman’s shooting death at a Gwinnett County gas station. 1
- Surveillance video showed a black Mercedes with the assailants park beside Coleman’s car, one assailant enter Coleman’s car, and another approach with a gun before Coleman was shot in the head. 2
- Police tied the Mercedes to a rental car obtained by Collins and Booker, and CSLI placed Collins, Hughley, and Booker near the gas station and later near the rental-car return location. 3
- DNA from blood on a surgical mask found near Coleman’s body matched Hughley, and Coleman’s empty holster and a 9mm casing were found at the scene. 4
- Hughley’s redacted interview admitted he shot Coleman and contained no mention of Collins or Booker. 5
- An expert testified that the co-defendants were Bloods gang members and that the charged crimes benefited gang status, and gang-activity evidence was admitted against all defendants. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evidence sufficiency for Collins’s hijacking conviction 7 | Collins said the State failed to show an attempt to obtain Coleman’s vehicle. | The State said Collins acted as a party to the hijacking. | Sufficient evidence supported Collins’s hijacking conviction as a party to the crime. 8 |
| Failure to charge accomplice corroboration 9 | Collins claimed the jury needed an accomplice-corroboration instruction. | Collins affirmatively waived the instruction. | Any error was waived; no plain error. 10 |
| Bruton challenge to Hughley statement 11 | Collins argued Hughley’s statement implicated him in the car-theft intent. | The redacted statement contained no such reference. | No record support for a Bruton violation; claim failed. 12 |
| Aggravated-assault jury instruction variance 13 | Collins said the court charged an unindicted manner of aggravated assault. | Any error did not likely affect the verdict. | No plain error; verdict likely rested on the shooting itself. 14 |
| Lenity and sentence on hijacking count 15 | Collins sought the ten-year attempt sentence instead of the hijacking sentence. | The hijacking statute is the specific statute and controls. | Lenity did not apply; 20-year hijacking sentence affirmed. 16 |
| Hughley sufficiency, ineffective assistance, and juror oath 17 | Hughley challenged force evidence, suppression, and oath deviation. | The evidence was sufficient, the confession was voluntary, and oath error was waived. | All Hughley claims failed; convictions affirmed. 18 |
Key Cases Cited
- Bruton v. United States, 391 U.S. 123 (U.S. 1968) (confrontation clause bar on certain codefendant statements 19)
- Jones v. State, 304 Ga. 594 (Ga. 2018) (constitutional sufficiency reviewed in the light most favorable to the verdict 20)
- Davis v. State, 316 Ga. 418 (Ga. 2023) (appellate courts defer to the jury on credibility and weight 21)
- Powell v. State, 291 Ga. 743 (Ga. 2012) (party-to-a-crime liability requires proof the defendant was a party to the offense 22)
- Badie v. State, _ (Ga. 2026) (common criminal intent may be inferred from presence, companionship, and conduct 23)
- Ward v. State, 376 Ga. App. 659 (Ga. Ct. App. 2025) (elements of first-degree motor-vehicle hijacking 24)
- Stitts v. State, 323 Ga. 109 (Ga. 2025) (plain-error standard and waiver principles 25)
- Szorcsik v. State, 303 Ga. 737 (Ga. 2018) (requested omission of a charge can be affirmative waiver 26)
- Holmes v. State, 318 Ga. 213 (Ga. 2024) (withdrawing a requested instruction is affirmative waiver 27)
- Soto v. State, 303 Ga. 517 (Ga. 2018) (appellant must show error affirmatively by the record 28)
- Taylor v. State, 315 Ga. 630 (Ga. 2023) (court will not cull the record or make arguments for appellant 29)
- Gude v. State, 320 Ga. 308 (Ga. 2024) (instruction on unindicted method of crime usually not plain error where indictment and burden instructions were given 30)
- Cato v. State, 304 Ga. 496 (Ga. 2018) (same plain-error analysis for unindicted method instruction 31)
- Simpson v. State, 302 Ga. 875 (Ga. 2017) (same plain-error analysis for unindicted method instruction 32)
- Smallwood v. State, 310 Ga. 445 (Ga. 2020) (specific statute prevails over general statute; lenity not implicated 33)
- Sosebee v. State, 317 Ga. 424 (Ga. 2023) (lenity applies only after traditional statutory construction leaves ambiguity 34)
- State v. Nankervis, 295 Ga. 406 (Ga. 2014) (specific criminal statute controls over general statute 35)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (deficient performance and prejudice standard for ineffective assistance 36)
- Moss v. State, 322 Ga. 757 (Ga. 2025) (failure-to-suppress ineffectiveness requires showing the motion clearly would have succeeded 37)
- Lewis v. State, 311 Ga. 650 (Ga. 2021) (hope-of-benefit rule concerns promises of reduced punishment 38)
- Short v. State, 321 Ga. 613 (Ga. 2025) (noncommittal cooperation comments are not promises of reduced punishment 39)
- Mitchell v. State, 314 Ga. 566 (Ga. 2022) (officer’s vague plea-arrangement comments were not improper promises 40)
- Gober v. State, 247 Ga. 652 (Ga. 1981) (deviation from voir-dire oath is waived absent objection 41)
- Hargett v. State, 285 Ga. 82 (Ga. 2009) (voir-dire oath deviation requires objection; harm not presumed 42)
- Phillips v. State, 275 Ga. 595 (Ga. 2002) (deviation from trial-jury oath is waived absent objection 43)
- Slaughter v. State, 100 Ga. 323 (Ga. 1897) (complete failure to administer the trial jury oath is jurisdictional and nonwaivable 44)
- Bowman v. State, 315 Ga. 707 (Ga. 2023) (complete failure to give the trial jury oath is a jurisdictional defect 45)
