Dubose v. State
294 Ga. 579
Ga.2014Background
- Dubose was convicted of felony murder while in the commission of aggravated assault for killing Roscoe Harris during a home invasion linked to Armstrong.
- Armstrong, Harris’s son-in-law’s brother, was arrested on drug and assault charges, and Dubose was inside Harris’s home at least once with Armstrong's girlfriend Clark.
- Armstrong allegedly directed Dubose by cell phone to go to Harris’s home to scare Harris by shooting in the leg; multiple calls between Clark, Dubose, and Armstrong occurred around the shooting.
- Dubose gave a custodial statement after Miranda warnings; he claimed he shot Harris in fear of Armstrong but believed it was a leg wound and that it was dark in the room.
- Defense presented an alibi witness and testified that Dubose lent his cell phone to another person; Dubose claimed he did not intend to shoot Harris and that he had not mentioned the alibi witness to police.
- Trial occurred at the Wheeler County courthouse due to renovations at the Telfair County courthouse; the court authorized outside-site proceedings under OCGA § 15-6-18.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports guilty verdict beyond reasonable doubt | Dubose argues insufficiency to sustain verdict | State contends sufficiency supports conviction | Evidence supports beyond reasonable doubt |
| Whether Dubose invoked right to counsel before custodial interrogation | Dubose clearly invoked counsel and interrogation should have ceased | Ambiguous reference to attorney; not a clear invocation | No clear invocation; interrogation permissible |
| Whether trial location complied with OCGA § 15-6-18 | Move to Wheeler County lacked proper proprietary resolutions | Consent implied; failure to show resolution not reversible error without harm | No reversible error; harm not shown |
| Whether destruction of videotape and handling of evidence violated due process | Videotape exculpatory value; destruction undermines defense | No material or bad-faith destruction; evidence not exculpatory | No constitutional materiality shown |
| Whether trial counsel rendered ineffective assistance | Counsel failed to suppress post-invocation statements and other issues | No clear invocation; strategic choices reasonable; no prejudice shown | No ineffective assistance established |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard)
- Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (right to counsel when custodial interrogation begins)
- Willis v. State, 287 Ga. 703 (Ga. 2010) (clear vs ambiguous invocation of counsel)
- Reaves v. State, 292 Ga. 582 (Ga. 2013) (clarity of invocation standard)
- Fitz v. State, 275 Ga. 349 (Ga. 2002) (emphasis on invocation and clarity requirement)
- Goodman v. State, 293 Ga. 80 (Ga. 2013) (harm required for noncompliance with location rules)
- White v. State, 289 Ga. 511 (Ga. 2011) (analysis of identification and related instructions)
- Mallory v. State, 271 Ga. 150 (Ga. 1999) (identification and party to crime considerations)
- Crowder v. State, 294 Ga. 167 (Ga. 2013) (claim of ineffective assistance lack of record support)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (trial court findings and independent application of law)