Dent v. State
303 Ga. 110
| Ga. | 2018Background
- On Nov. 6, 2013, Jevon Freeman met Terrance Dent to sell an iPhone; they met at a church parking lot where Freeman was shot and later died. Approximately $450 in cash and Freeman’s phone were found at the scene; Dent left before police arrived.
- Phone records, text messages, and Internet searches on phones recovered from Dent’s residence showed communications with Freeman, searches about purchasing a .22 pistol and queries such as “how to kill someone.” The murder bullet matched a .22 pistol Dent purchased.
- Dent gave multiple, inconsistent statements to police (after Miranda warnings) describing three different accounts, none asserting that Freeman was armed. He identified where the gun, ammunition, and iPhone could be found; the pistol was later recovered from a friend who said Dent gave it to him.
- Dent was indicted on multiple counts including malice murder, several counts of felony murder predicated on aggravated assaults/battery, and related firearm-possession counts. After a retrial (first trial mistried for jury misconduct), the jury acquitted on some counts but convicted Dent of felony murder and firearm possession; he was sentenced to life plus consecutive five years.
- Dent appealed, arguing (1) insufficiency and weight of the evidence (including self-defense), (2) failure to properly charge voluntary manslaughter under Edge v. State, and (3) ineffective assistance of counsel (challenges to warrants, custodial statements, investigation, tactical choices). The trial court’s denial of a motion for new trial was also appealed.
Issues
| Issue | Plaintiff's Argument (Dent) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder / rejection of self-defense | Evidence was circumstantial and consistent with a self-defense shooting; prosecution’s robbery theory unsupported | Evidence (phone records, internet searches, matching gun, inconsistent statements, witness account) permits conviction; jury may reject self-defense | Affirmed — evidence sufficient under Jackson v. Virginia; jury could reject self-defense |
| Weight of the evidence / 13th juror (new trial on general grounds) | Verdict was contrary to or strongly against the evidence; appellate court should grant new trial | Denial of new trial reviewed under Jackson standard; appellate court lacks 13th-juror discretion | Affirmed — appellate review limited to Jackson standard; evidence supports verdict |
| Failure to instruct on voluntary manslaughter per Edge v. State | Trial court erred by not recharging voluntary manslaughter for felony-murder counts under Edge; deprived jury of proper option | No evidence of serious provocation or sudden, irresistible passion required for voluntary manslaughter; Edge not triggered | Affirmed — no Edge violation because there was no slight evidence supporting voluntary manslaughter |
| Ineffective assistance of counsel (suppression, Jackson-Denno, investigation, tactical choices) | Counsel failed to move to suppress phone data (warrants had wrong year), failed to seek suppression of statements, did not investigate/examine witnesses, and made unreasonable tactical choices | Many decisions were strategic; warrant date error was clerical and not prejudicial; statements were made after Miranda waiver; no showing that suppressed evidence would have changed outcome | Affirmed — no deficient performance or no prejudice shown under Strickland; cumulative-error claim fails |
Key Cases Cited
- Edge v. State, 261 Ga. 865 (voluntary manslaughter instruction and sequential-charge rule)
- Jackson v. Virginia, 443 U.S. 307 (evidentiary sufficiency standard)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective-assistance test)
- Miranda v. Arizona, 384 U.S. 436 (custodial-warning requirement)
- Walker v. State, 296 Ga. 161 (standards for viewing evidence for sufficiency)