Dent v. State
810 S.E.2d 527
Ga.2018Background
- On November 6, 2013, Jevon Freeman met Terrance Dent to sell an iPhone; the meeting occurred in an empty church parking lot at Dent's insistence.
- Freeman was found shot in his car and later died; about $450 in cash and Freeman's phone were found at the scene. Dent left before police arrived.
- Phone records linked Freeman and Dent; warrants executed at Dent's residence recovered two Samsung phones whose data showed searches about purchasing and using firearms and post‑murder queries; texts indicated plans to buy a .22 pistol matching the murder weapon.
- Dent gave three inconsistent statements to police (initially claiming a chokehold and fear, later admitting he shot because Freeman acted "weird" and that Freeman did not threaten him); he identified the locations of the gun, ammo, and Freeman's iPhone; the gun was later recovered from a friend to whom Dent had given it.
- Medical evidence tied a .22 caliber bullet from Dent's purchased derringer to the fatal wound; the jury acquitted Dent of malice murder but convicted him of felony murder (during aggravated assault) and possession of a firearm during a felony; he was sentenced to life plus 5 years consecutive (5 suspended on conditions).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder | State: circumstantial and direct evidence (phones, texts, statements, gun) supports conviction | Dent: evidence was circumstantial and consistent with self‑defense; State relied on unsupported robbery theory | Held: Evidence sufficient; jury could reject self‑defense (Jackson standard) |
| Motion for new trial — weight of evidence ("13th juror") | Dent: verdicts were against the evidence and strongly against weight | State: discretionary to trial court; appellate review limited to sufficiency standard | Held: Appellate court lacks discretion to overturn on general grounds; sufficiency review met Jackson standard |
| Failure to give Edge instruction on voluntary manslaughter for felony murder counts | Dent: trial court should have separately charged voluntary manslaughter per Edge because evidence might support provocation | State: no evidence of sudden, violent, irresistible passion; Dent did not object at trial | Held: No plain error — insufficient evidence of provocation to require an Edge charge; no obvious defect affecting outcome |
| Ineffective assistance of counsel (multiple grounds) | Dent: counsel failed to move to suppress cell‑phone evidence (wrong date in affidavits), failed to suppress statements, failed to investigate/witness locate, elicited/failed to object to hearsay, failed to file immunity motion | State: counsel made strategic decisions (admit interrogation video, use phone data, avoid pretrial immunity motion), typographical date error not prejudicial, Dent failed to show what missing witnesses would say or prejudice | Held: No Strickland relief — performance not shown to be objectively unreasonable nor shown to have prejudiced outcome; cumulative error claim fails without prejudice proof |
Key Cases Cited
- Walker v. State, 296 Ga. 161 (sufficiency review; view evidence in light most favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Edge v. State, 261 Ga. 865 (jury instructions: voluntary manslaughter must be separately considered and not made sequential inappropriately)
- Howard v. State, 298 Ga. 396 (self‑defense is for jury to resolve; jury may reject claim)
- Francis v. State, 296 Ga. 190 (when voluntary manslaughter charge is required)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Jackson v. Denno, 378 U.S. 368 (voluntariness hearing requirement for confessions)
- Schofield v. Holsey, 281 Ga. 809 (consideration of cumulative errors in prejudice analysis)
- Blackmon v. State, 302 Ga. 173 (application of Strickland in Georgia)