DELOACH v. THE STATE (And Vice Versa)
308 Ga. 283
| Ga. | 2020Background
- DeLoach was tried jointly for two murders: Rashad Biggins (Apr. 26, 2015) and Jamell Law (June 20, 2015); evidence linked the crimes by ballistics, motive, BMC gang affiliation, and witness statements.
- A jury convicted DeLoach of malice murder and related offenses; he received consecutive life sentences for the murders and concurrent sentence for a weapons offense.
- On post-trial motion, the trial court granted a new trial as to the Biggins-related counts but denied a new trial as to the Law-related counts; DeLoach appealed and the State cross-appealed.
- Key trial evidence: matching 9mm shell casings tying DeLoach to the Biggins scene; eyewitnesss and phone/text evidence linking co-defendant Tyrell Smith and BMC; DeLoach’s pre-indictment admissions to jailhouse informant Trishon Collins (recorded) who later recanted at trial.
- Collins testified at trial that he had not received a plea deal, but the record showed Collins had entered a negotiated guilty plea in Aug. 2016 reflecting cooperation; the trial court found the prosecutor knew or should have known of the plea but that the false testimony was not material.
Issues
| Issue | DeLoach's Argument | State/Respondent Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not moving to sever counts for the two murders | Counsel was deficient for failing to seek severance; joinder prejudiced defense because crimes were unrelated | Counsel reasonably elected not to sever to avoid delay and additional discovery and because evidence linking the cases (intrinsic/404(b)) made severance unhelpful | Counsel’s decision was reasonable trial strategy; no deficient performance, claim denied |
| Whether counsel was ineffective for failing to object when judge referenced appellate review before final charge | The judge’s comment violated OCGA § 17-8-57 and intimated guilt; counsel should have objected or moved for mistrial | The judge’s comment merely emphasized the importance of instructions and did not express an opinion on guilt; objection would have been meritless | The comment did not violate the statute; counsel not deficient for failing to object |
| Whether the trial court erred (State’s cross-appeal) in granting a new trial because the prosecutor knowingly failed to correct Collins’s false testimony about a plea deal | DeLoach: prosecutor’s failure to correct false testimony about the plea deal was a Giglio/Napue violation that was material and prejudicial | State: while Collins’s plea existed, his trial testimony was extensively impeached and not material to the verdict | Reversed: although the plea deal existed and testimony was false, the falsehood was not material given Collins’s recantation and impeachment; no reasonable probability verdict would differ |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (juror sufficiency standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Giglio v. United States, 405 U.S. 150 (prosecutor must correct false testimony)
- Napue v. Illinois, 360 U.S. 264 (false testimony affecting due process)
- Vega v. State, 285 Ga. 32 (credibility and sufficiency review)
- Romer v. State, 293 Ga. 339 (standards for counsel performance review)
- Gibson v. State, 288 Ga. 617 (judicial references to appellate process may imply opinion)
- State v. Clements, 289 Ga. 640 (limits on references to reviewing courts)
- Williams v. State, 302 Ga. 474 (intrinsic evidence doctrine vs. Rule 404(b))
- Washington v. Hopson, 299 Ga. 358 (Giglio materiality standard)