Doyle v. State
291 Ga. 729
Ga.2012Background
- Appellant Devon Sharif Doyle was convicted of malice murder, aggravated assault, and firearm offenses after a party shooting in Savannah.
- Witnesses placed Doyle as the shooter; his 14-year-old brother Tavarus and others intruded the party and fought with the students.
- Doyle arrived carrying a revolver and fired four times through a door, injuring three students, one fatally.
- Tavarus and Doyle’s ex-girlfriend identified Doyle as the shooter; police recovered a red shirt, plaid pants, and a holster at Doyle’s residence.
- Appellant testified in his own defense describing his brother’s role and distancing himself from the shooting; the State argued this on crossexamination and closing.
- The trial court convicted Doyle on the charged counts and sentenced him; he appealed, challenging prosecutorial misconduct and ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct and trial counsel's handling | Doyle | Doyle | No error; failure to object bars review; ineffective-assistance claim rejected |
| Self-defense instruction | Doyle | Doyle | Self-defense not warranted by facts; no imminent unlawful threat |
| Recharge on malice murder and felonious murder instructions | Doyle | Doyle | Recharge proper; malice murder addressed; felony-murder proximate cause omission harmless |
| Effect of silence and opening the door to questioning | Doyle | Doyle | Prosecution may comment on silence when defendant opens door; failure to object not ineffective |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Allen v. State, 272 Ga. 513 (Ga. 2000) (contemporaneous objection rule for prosecutorial misconduct)
- Gates v. State, 252 Ga. App. 20 (Ga. App. 2001) (contemporaneous objection rule cannot be skirted)
- Fullwood v. State, 304 Ga. App. 341 (Ga. App. 2010) (prosecution may pursue questions about post-arrest silence if defendant opens door)
- Salahuddin v. State, 277 Ga. 561 (Ga. 2004) (recharge on issues at jury request is discretionary)
- Dukes v. State, 290 Ga. 486 (Ga. 2012) (review of recharging where original instructions exist)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (merger/vacation of counts affecting harmless-error analysis)
- Fults v. State, 274 Ga. 82 (Ga. 2001) (merits of ineffective assistance for failure to object when objection would be meritless)