Ford v. State
298 Ga. 560
Ga.2016Background
- On Oct. 13, 2007 Marcus Ford shot and killed Paul and Michael Gaines and wounded Isaac Walker and Antwan Clark; Ford was indicted on multiple counts including malice murder and aggravated assault and convicted by a jury in 2009.
- Witnesses for the State testified Paul, Walker, and Clark sold crack; they alleged Ford diverted customers and that Ford brandished a gun and then fired, chasing Paul and shooting him; Walker and Clark said none of the victims was armed.
- Ballistics linked three recovered bullets and six shell casings to the same .40-caliber Glock; Ford’s wife had earlier purchased Glocks and .40-caliber ammunition was found in the record.
- Ford claimed self-defense; the jury rejected that defense and convicted him of malice murder and other offenses; he received two consecutive life sentences plus concurrent terms for aggravated assaults (some concurrent sentences later vacated).
- On appeal Ford challenged sufficiency of evidence, prosecutorial misconduct (unpreserved), denial of mistrial for not calling a witness during State’s case, certain closing-argument and court-comments rulings, a Batson strike, jury instructions (mutual combat and felony murder), and alleged ineffective assistance of trial counsel.
Issues
| Issue | Ford's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder and assaults | Evidence insufficient; Ford acted in self-defense | Record supports convictions; jury could disbelieve self-defense | Convictions supported; evidence sufficient (Jackson standard) |
| Sentencing for aggravated assaults of decedents | Sentences proper | Those assaults merged into malice murder | Aggravated-assault sentences for Paul and Michael vacated (merged into malice murder) |
| Prosecutorial misconduct (opening/closing/cross) | Prosecutor misstated evidence, improperly bolstered witnesses | No contemporaneous objections at trial; issues unpreserved | Claims not reviewable due to failure to object (contemporaneous-objection rule) |
| Denial of mistrial for not calling Hickey in State's case-in-chief | Failure to call Hickey warranted mistrial | State not required to call Hickey; other evidence supported drug-dealer theory | Trial court did not abuse discretion; mistrial not required |
| Prosecutor calling Hickey a liar in closing | Comment improper and bolstering | Comment responsive to evidence showing Hickey’s inconsistent statements | Overruled objection not reversible; comment supported by record and jury instructed lawyers’ statements aren’t evidence |
| Trial court comments on evidence (OCGA §17-8-57 claim) | Court improperly commented on evidence | Court merely explained ruling and left credibility to jury | No violation; remarks were explanation and did not express opinion on veracity |
| Batson challenge to State strike of Juror 20 | Strike was pretextual race-based | Prosecutor struck juror for knowing/attending same church as defense counsel (race-neutral) | Denial of Batson challenge affirmed; no clear error |
| Jury instructions (mutual combat; felony murder) | Mutual combat and felony-murder charges improper | Mutual combat benefits defendant; felony murder moot after vacatur | Mutual combat instruction not reversible; felony-murder charge moot |
| Ineffective assistance (voir dire follow-ups; failing to call Dixon; not arguing mutual combat) | Counsel failed in multiple respects, prejudicing defense | Strategy choices and lack of prejudice; no deficient performance shown | Ineffective-assistance claims denied—no deficiency or no prejudice as to each claim |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Hulett v. State, 296 Ga. 49 (merger of aggravated assault into malice murder)
- Sanders v. State, 289 Ga. 655 (contemporaneous-objection rule re prosecutorial misconduct)
- Batson v. Kentucky, 476 U.S. 79 (prohibition on race-based peremptory strikes)
- Pruitt v. State, 282 Ga. 30 (two-prong Strickland standard for ineffective assistance)
- Ridley v. State, 290 Ga. 798 (trial court may state basis for ruling without violating prohibition on commenting on evidence)
- Crawford v. State, 297 Ga. 680 (scope of permissible closing argument)