Dinkins v. State
300 Ga. 713
Ga.2017Background
- On March 20, 2011, DaJohn Milton was shot at an apartment complex and later died of multiple gunshot wounds; witnesses saw two African‑American men in white shirts near the victim, one with a gun.
- A witness (Davidson) initially told police the taller of the two men shot the victim; at trial she said she could not distinguish heights.
- The victim reportedly identified his shooter as “Trey Deuce,” a nickname for appellant Trey Dinkins.
- Investigators recovered two white t‑shirts, a .38 revolver and a Bersa .380 wrapped in the shirts; ballistic testing linked the .380 to bullets recovered from the victim.
- Co‑defendant Marquis Lowe’s phone was recovered at the scene; Lowe was tried and convicted a month earlier. Dinkins was tried separately, convicted of malice murder and related offenses, and sentenced to life plus a consecutive 5‑year firearm term.
- Post‑conviction, Dinkins raised (1) trial court handling of Lowe’s Fifth Amendment invocation, (2) alleged prosecutorial misconduct regarding a witness timeline/phone records, and (3) ineffective assistance of counsel for failing to pursue or object on these points.
Issues
| Issue | Dinkins' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence insufficient to prove Dinkins guilty beyond reasonable doubt | Evidence (identification, nickname, ballistic link, witness observations) supports convictions | Convictions affirmed; evidence sufficient under Jackson v. Virginia |
| Court’s handling of Lowe’s Fifth Amendment invocation | Court should have questioned Lowe on non‑incriminating matters (e.g., height) rather than allowing blanket invocation off‑record | Lowe invoked Fifth; trial judge followed advice of appellate counsel; defense failed to contemporaneously object to procedure | Issue waived for appeal due to lack of contemporaneous objection; not reach merits |
| Prosecutorial misconduct re: Robbins’ timeline/phone records | Prosecution knowingly elicited false testimony because Robbins’ timeline conflicted with phone/911 records | Discrepancies go to credibility for the jury; no misconduct shown; no trial objection so waived | No prosecutorial misconduct found; any error waived for lack of objection |
| Ineffective assistance of counsel (failure to pursue Lowe testimony, impeach Robbins/Davidson) | Trial counsel deficient for not forcing Lowe to testify on non‑incriminating facts and not impeaching witnesses | Counsel’s choices were reasonable trial strategy; key height testimony was cumulative; impeachment issues were presented to jury; no prejudice shown | Ineffective assistance claim denied: counsel not shown deficient nor prejudicial; cumulative evidence and strategic choices justified |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sufficiency standard: whether a rational trier of fact could find guilt beyond a reasonable doubt)
- Pruitt v. State, 282 Ga. 30 (ineffective assistance two‑prong standard: deficiency and prejudice)
- Benton v. State, 300 Ga. 202 (contemporaneous objection requirement to preserve appellate review)
- Vega v. State, 285 Ga. 32 (credibility and inconsistencies are for the jury)
- Williams v. State, 265 Ga. 681 (failure to call cumulative witnesses not deficient performance)
- Wilson v. State, 297 Ga. 86 (cumulative evidence and failure to object ordinarily not ineffective assistance)
- Nix v. State, 280 Ga. 141 (trial strategy decisions ordinarily do not support ineffective assistance claims)