Edwards v. State
299 Ga. 20
| Ga. | 2016Background
- Victim Billy Hewitt was shot and later died on Sept. 23, 2011; Phirronnius Edwards and Michael Russell were indicted for felony murder, armed robbery, and related firearm counts.
- Russell pled guilty to armed robbery and testified for the State that he and Edwards planned to rob Hewitt and that Edwards shot Hewitt; two 9mm casings and a bullet were found in the victim’s yard.
- Circumstantial evidence: Edwards owned a silver Dodge Neon (tax commissioner testimony); Chevron surveillance showed a Dodge Neon near the scene; cell‑phone records showed calls involving Edwards around the time of the crime; Edwards had financial motive; an recorded call after Russell’s arrest suggested Edwards had not used the victim’s bank card.
- The jury convicted Edwards of felony murder and unlawful possession of a firearm during a felony; Edwards received life for felony murder plus a consecutive five years for the firearm offense.
- On appeal Edwards challenged (1) sufficiency of corroboration for accomplice (Russell) testimony, (2) ineffective assistance of counsel for alleged inadequate impeachment of Russell’s plea deal, and (3) trial court handling of a jury note indicating a deadlock and the use of an Allen charge.
Issues
| Issue | Plaintiff's Argument (Edwards) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency/corroboration of accomplice testimony | Russell was an accomplice; his testimony alone cannot sustain convictions because corroboration was insufficient | Independent circumstantial evidence (car ownership, surveillance, phone records, motive, post‑arrest call) corroborated Russell | Court: Evidence (though slight/circumstantial) sufficiently corroborated Russell; convictions upheld |
| Ineffective assistance for failure to fully impeach plea deal | Trial counsel failed to elicit details of Russell’s plea (dismissal of felony murder, sentencing exposure) and admit plea paperwork | Counsel cross‑examined Russell about plea, elicited motive/bias; decisions on scope of cross were tactical; no prejudice shown | Court: No deficient performance or prejudice under Strickland; claim denied |
| Handling of jury note / disclosure to defense | Trial court did not inform defense counsel of contents of jury note saying jury deadlocked; counsel lacked opportunity to object before Allen charge | Court read note in chambers to both counsel; Allen charge was given and parties had no contemporaneous objection; trial court found counsel present and aware | Court: No error; trial court’s finding not clearly erroneous; handling proper |
| Ineffective assistance for failure to object to Allen charge / request mistrial | Counsel should have objected to Allen charge or moved for mistrial due to coercion from deadlock note | Allen charge was not impermissibly coercive and mistrial not required; no prejudice | Court: No ineffective assistance; no coercion shown; claim fails |
Key Cases Cited
- McKibbins v. State, 293 Ga. 843 (accomplice corroboration standard)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
- Lindsey v. State, 295 Ga. 343 (motive and timing as corroboration)
- Henry v. State, 297 Ga. 74 (trial strategy on cross‑examination and impeachment)
- Terrell v. State, 271 Ga. 783 (corroboration by vehicle evidence)
- McDonald v. State, 296 Ga. 643 (possession of victim property as corroboration)