Cox v. State
306 Ga. 736
Ga.2019Background
- Defendant Joshua James Cox was convicted by a jury of felony murder and possession of a firearm during the commission of a felony for the July 2015 shooting death of Terrell Clark; sentenced to life plus five years probation; appeal followed.
- Facts: Cox and Clark had smoked drugs; Cox had taken LSD the prior night; both smoked marijuana the morning of the shooting; Clark was found shot twice in the yard; two shell casings matched a handgun that fell from Cox’s truck.
- Cox called 911 admitting he had shot someone, then fled to his parents’ home where he acted erratically (assaulted parents, disrobed, was tased and restrained); blood toxicology for both men showed only marijuana on the routine screens introduced at trial.
- Cox gave post-arrest statements admitting he took multiple hits of acid the night before, that he began to "trip" again after smoking with Clark, and that he shot Clark after Clark "came at" him and acted strangely; trial evidence allowed jury to reject involuntary intoxication and self-defense claims.
- Pretrial rulings: trial court excluded an independent toxicology report showing LSD in Clark’s system; Cox’s custodial statements were admitted after a Jackson v. Denno hearing the court found his Miranda waiver knowing and voluntary.
Issues
| Issue | Cox's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support murder and weapons convictions | Evidence showed Cox was involuntarily intoxicated and acted in self-defense | Jury could credit evidence and reject intoxication/self-defense; voluntary intoxication not an excuse | Affirmed — evidence sufficient for convictions under Jackson standard |
| Ineffective assistance: exclusion of independent toxicology report | Counsel should not have moved to exclude report showing LSD in victim | Counsel reasonably excluded it to preserve NBOMe theory and attack routine screens | Denied — counsel's tactic reasonable; no Strickland deficiency |
| Ineffective assistance: failure to seek mistrial after juror discussion about self-defense | Counsel should have moved for mistrial when jurors discussed self-defense | Juror remark isolated; court admonished jurors; counsel reasonably declined mistrial to preserve favorable juror mindset | Denied — no ineffective assistance; mistrial not required |
| Ineffective assistance: failure to object to prosecutor comments and victim-impact language | Counsel should have objected/requested curative instruction during closing | Prosecutor’s remarks were proper responses or permissible appeals for accountability; objections would likely be meritless and strategic silence reasonable | Denied — counsel not deficient; no prejudice |
| Trial court comments on witness title (doctor) | Trial court improperly commented on witness credibility in front of jury | Comment was clarifying title, not a credibility expression | Denied — no OCGA §17-8-57 violation |
| Suppression of custodial statement (Miranda/voluntariness) | Cox still under influence and could not knowingly waive rights | Investigators waited a day; videotape and waiver showed Cox coherent, oriented, and understanding rights | Denied — statement knowingly and voluntarily made; admissible |
| Motion to excuse jury pool due to protestors outside courthouse | Presence of protestors tainted pool; jurors intimidated | No evidence jurors saw or were influenced; voir dire elicited no prejudice | Denied — trial court did not abuse discretion |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
- Harrington v. Richter, 562 U.S. 86 (presumption of reasonable assistance)
- Hayes v. State, 292 Ga. 506 (deference to jury credibility findings)
- McNeely v. State, 296 Ga. 422 (role of factfinder on conflicts)
- Shaw v. State, 292 Ga. 871 (jury free to reject self‑defense claim)
- Lewis v. State, 246 Ga. 101 (strategic choices not usually ineffective assistance)
- Saffold v. State, 298 Ga. 643 (mistrial not mandated for speculative juror discussion)
- Duvall v. State, 290 Ga. 475 (counsel not ineffective for failing to make meritless objections)
- Poellnitz v. State, 296 Ga. 134 (permissible prosecutor appeals for public safety/accountability)
- Vergara v. State, 283 Ga. 175 (standard for admissibility of statements)
- Norris v. State, 302 Ga. 802 (factors showing waiver and voluntariness of confession)
- Murphy v. State, 290 Ga. 459 (purpose of prohibiting judicial comments on witness credibility)