Davis v. State
305 Ga. 869
| Ga. | 2019Background
- On August 2, 2012, Tyrone Lamark Davis (Appellant) was present when Bobby Releford and Appellant entered Keith Moses’s home to buy drugs; a fight ensued and Moses was shot and died the next day.
- Witnesses testified Appellant was armed with a 9mm, hit Moses with the gun, took Moses’s wallet and a .380 pistol, and then fired the fatal shot during the struggle; Releford also fired a shot outside and later said Appellant shot Moses.
- Physical evidence included a 9mm shell casing and a .380 casing near the front door, Moses’s wallet in the yard, a fingerprint of Appellant on the inside doorknob, and an empty box of 9mm ammo at Appellant’s mother’s house.
- Releford and Mart’e Polk (co-defendants) pled guilty to reduced charges and testified for the State; Appellant was acquitted of malice murder but convicted of felony murder and a firearm offense.
- Trial court sentenced Appellant as a recidivist to life without parole for felony murder plus a consecutive five years for the firearm conviction; Appellant appealed after a denied motion for new trial and an out-of-time appeal was granted.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence was vague, ambiguous, conflicting; insufficient to prove Appellant’s role beyond reasonable doubt | Evidence (witnesses, casings, fingerprint, possession of property/ammo) supports convictions | Affirmed: evidence sufficient when viewed in light most favorable to verdict (Jackson standard) |
| Motion to suppress custodial statement | Trial court erred denying suppression of Appellant’s custodial statement | Statement suppression ruling harmless / moot because statement was not used at trial | Moot: State did not introduce the statement so claim not considered |
| Jury exposure to co-defendant’s plea/sentence on indictment | Sending indictment showing Releford’s guilty plea and parolable life sentence prejudiced jury | Any potential prejudice cured because Releford testified to same facts at trial | No reversible error: no harm shown |
| Ineffective assistance of counsel | Trial counsel failed in multiple respects (failures to object at Denno hearing/opening, inadequate consultation, failure to subpoena witnesses) causing prejudice | Counsel’s performance not shown objectively deficient or prejudicial; many claims not preserved or lacked proof of prejudice | Denied: Appellant failed Strickland showing of deficient performance and prejudice |
Key Cases Cited
- Brown v. State, 302 Ga. 454 (credibility/conflicts for jury)
- Battle v. State, 298 Ga. 661 (vague/ambiguous evidence can still sustain convictions)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Rai v. State, 297 Ga. 472 (suppression issue moot if statement not introduced)
- Miller v. State, 295 Ga. 769 (suppression claim moot where statement not used)
- Wilkins v. State, 291 Ga. 483 (no harm where jury had access to evidence also testified to at trial)
- Strickland v. Washington, 466 U.S. 668 (standards for ineffective assistance)
- Arnold v. State, 292 Ga. 268 (burden for IAC claim)
- Lewis v. State, 291 Ga. 273 (preservation requirements for appellate review)
- Wilson v. State, 286 Ga. 141 (preservation of issues for appeal)
- Blackmon v. State, 302 Ga. 173 (counsel-client consultation not measured by rigid time standard)
- Bell v. State, 287 Ga. 670 (need to present evidence of uncalled witness testimony to show prejudice)