Foster v. State
294 Ga. 383
| Ga. | 2014Background
- Fight at a Macon, Georgia apartment complex on Sept. 22, 2010; Foster, age 17, joined Johnson and Curry after Johnson’s call for help.
- Johnson gave Foster a gun, a warning shot was fired, and Foster shot at an unknown group, killing Williams and injuring Rainey.
- Foster, Johnson, and Curry were arrested; Foster later wrote a letter to Johnson urging secrecy and denying police case strength.
- Four witnesses at the scene identified Foster as the shooter; co-defendants corroborated Foster’s role.
- Trial established sufficient evidence to convict Foster beyond a reasonable doubt under Jackson v. Virginia.
- Court considered conduct and statements in evaluating errors and sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial due to witness crying | Foster contends mistrial warranted by witness distress. | State asserts discretion to handle emotional testimony. | No abuse of discretion; no prejudicial impact. |
| Admission/authentication of Foster’s letter | Letter should be excluded for authentication flaws. | Circumstantial authentication adequate given alias, content, signatures. | Sufficient prima facie authentication. |
| Meaning of ‘hold it down’ in letter | Phrase indicates quieting effect; bias risk. | Lay witness interpretation permissible from personal experience. | Admissible lay opinion; no error. |
| Continuing witness rule and jury exposure to letter | Letter went out with jury implying testimony. | Letter is original documentary evidence, not written testimony. | No continuing witness rule violation. |
| Life without parole for a minor; ex post facto and Eighth Amendment | LWOP for Foster (minor) constitutional and ex post facto concerns. | LWOP available sentencing option; statute not ex post facto; Miller not violated. | No ex post facto violation; Miller capping not applicable; sentence affirmed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. (1979)) (sufficiency review standard for criminal evidence)
- Arevalo v. State, 275 Ga. 392 (Ga. 2002) (circumstantial authentication permissible)
- Arevalo v. State, 275 Ga. 392 (Ga. 2002) (circumstantial authentication permissible)
- Davis v. State, 285 Ga. 343 (Ga. 2009) (continuing witness rule and documentary evidence)
- Bollinger v. State, 272 Ga. App. 688 (Ga. App. 2005) (letters not written testimony; continuing witness rule)
- Williams v. State, 290 Ga. 533 (Ga. 2012) (admissibility of threats to explain witness reluctance)
- Coleman v. State, 278 Ga. 486 (Ga. 2004) (witness threats admissible to explain conduct)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. (2012)) (juvenile LWOP constitutionality; Eighth Amendment)
- Mathis v. State, 293 Ga. 35 (Ga. 2013) (ex post facto and sentencing authority)