Ellis v. State
292 Ga. 276
| Ga. | 2013Background
- Ellis was convicted in Fulton County of malice murder (felony murder), three felony murders, attempted armed robbery, aggravated assault, possession of a firearm by a felon, and possession of a firearm during a felony.
- The State showed Ellis lured Stripling to Ellis’s home for an armed robbery with Demetrius and other gunmen present.
- Stripling was shot and killed during the inside-the-home robbery; some money and jewelry went missing.
- Ellis fled, admitted setting up the robbery to a detective, but claimed he didn’t know anyone would be shot.
- The trial court merged aggravated assault with felony murder and imposed other sentences; the court later noted sentencing errors but deemed no harm.
- Ellis challenged sufficiency of the evidence, voir dire limits, judge’s credibility remark, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Ellis argues presence alone proves nothing. | Ellis contends the evidence fails to prove he was a party. | Sufficient evidence supports party liability |
| Voir dire limitation harmless error | Court limited questioning about bias toward drug sellers. | Limitation violated voir dire scope. | Error harmless; no reversible error |
| Trial court comment on credibility | Judge’s remark about a prior consistent statement biased the jury. | Comment was permissible as a ruling on admissibility, not on guilt. | No reversible error |
| Ineffective assistance of counsel | Counsel failed to object to voir dire, strike jurors, and an alleged motion-to-suppress reference. | Counsel’s decisions were strategic; no prejudice shown. | No ineffective assistance |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: whether reasonable jury could find guilt beyond reasonable doubt)
- Teasley v. State, 288 Ga. 468 (Ga. 2011) (party liability may be inferred from presence and conduct)
- Copeny v. State, 316 Ga. App. 347 (Ga. App. 2012) (evidence of presence and collaboration supports liability)
- Williams v. State, 287 Ga. 199 (Ga. 2010) (credibility and weight are jury concerns; appellate review limited)
- Chancey v. State, 256 Ga. 415 (Ga. 1986) (voir dire scope and habit of inquiry; harmless error if still adequate inquiry)
- Brown v. State, 242 Ga. App. 347 (Ga. App. 2000) (comment on statements during objection may not violate OCGA 17-8-57)
- Butler v. State, 290 Ga. 412 (Ga. 2012) (trial judge may discuss evidentiary rulings without evidentiary opinion on guilt)