Favors v. State
296 Ga. 842
Ga.2015Background
- Dec. 2, 2003: burglary report at a Fulton County apartment; officers responded and encountered a burgundy Ford Expedition driven by Michael Favors, who fled and was later arrested hiding in woods. A male victim (Theodore Barber) was found shot to death in the apartment.
- Evidence tied Favors to the stolen Expedition (his fingerprints) and shoe tread; a candy wrapper in the vehicle bore co-defendant Thomas McCoy’s fingerprint. Shell casing and an unfired bullet were found at the scene.
- Witness Taja Glenn testified that Favors and McCoy, both armed, discussed a plan to "hit a lick," left a hotel together the night before, and McCoy later told her "the lick went bad" and the victim was shot.
- Favors and McCoy were jointly tried, convicted of malice murder, related felony-murder counts, aggravated assault on a peace officer, burglary, theft by receiving, and two firearm-possession counts; multiple posttrial motions and retrial history noted; appeal followed denial of most posttrial relief.
- The trial court sentenced Favors to life for malice murder, additional concurrent and consecutive five-year terms for firearm-possession and other counts, and purported to merge certain counts for sentencing; on appeal the Supreme Court of Georgia affirmed convictions but found merger/sentencing errors requiring remand.
Issues
| Issue | Favors' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Conviction unsupported | Evidence (fingerprints, vehicle, witness, shoe tread) sufficient | Evidence sufficient under Jackson v. Virginia; convictions stand |
| Admissibility of Glenn’s testimony (co-defendant statements) | Statements were hearsay and Bruton violation | Statements admissible under co-conspirator exception and non-testimonial | Admitted: prima facie conspiracy shown; statements were non-testimonial so no Bruton violation |
| Officer Davis’s testimony that she made eye contact and believed driver saw her | Testimony was speculation on defendant’s knowledge (element of aggravated assault on officer) | Lay opinion based on personal observation was admissible | Admissible; witness may state impressions based on observed facts |
| Ineffective assistance for (a) conceding lesser counts and (b) failing to object to prosecutor remarks | Concessions and failure to object were deficient and prejudicial | Strategy concessions reasonable; single isolated closing remarks not prejudicial; counsel’s performance within wide range of reasonableness | No ineffective assistance: concession was reasonable strategy; failure to object not objectively unreasonable nor prejudicial |
| Merger and sentencing of related counts (felony murder, aggravated assault, burglary, firearm counts) | Claimed sentencing error as to firearm counts and merged counts | Some mergers were improper; certain verdicts vacate by law but burglary does not merge into malice murder; firearm counts may be separately sentenced under OCGA §16-11-106 | Court vacated sentencing as to two felony-murder labels (they vacate by operation of law) and vacated merger of burglary into malice murder; aggravated assault merges into malice murder; directed resentencing and entry of judgment on burglary; firearm sentences upheld as separate where permissible |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for evidence sufficiency)
- Bruton v. United States, 391 U.S. 123 (Confrontation Clause implications of non-testifying co-defendant statements)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance of counsel standard)
- Hulett v. State, 296 Ga. 49 (merger and vacatur of felony-murder verdicts by operation of law)
- Brooks v. State, 281 Ga. 14 (post-crime co-conspirator statements admissible during concealment phase)
- Brown v. State, 262 Ga. 223 (prima facie showing required for co-conspirator hearsay exception)
- Coleman v. State, 286 Ga. 291 (when aggravated assault merges with murder)
- State v. Marlowe, 277 Ga. 383 (rules on multiple firearm-possession convictions in a single criminal transaction)