Foster v. State
290 Ga. 599
| Ga. | 2012Background
- Foster was convicted of felony murder with conspiracy to commit armed robbery as the underlying felony and sentenced to life imprisonment.
- Victim died from a single gunshot wound in an Acworth apartment complex parking lot; a white SUV left the scene.
- A woman driver testified the victim said the SUV passenger asked if he was waiting for “Don Juan,” and that the victim was shot by the SUV passenger.
- Don Juan testified he arranged to meet the victim at the complex to sell cocaine and told Foster about the plans.
- Foster admitted in interrogation that he sent two co-indictees to rob the victim and that they shot him; a cellmate corroborated related statements.
- Evidence included a .223-caliber Ruger Mini 14 and shell casing, and victim/Don Juan/co-indictee phone records showing extensive contact on the day of the killing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for felony murder with conspiracy | Foster: sufficient evidence to support felony murder with underlying conspiracy | Foster: insufficient or improperly connected evidence | Evidence sufficient to support conviction |
| Pre-evidentiary jury charge under OCGA 17-8-57 | State argues instruction clarified trial stages without predicting guilt | Foster argues it expressed opinion about guilt | Charge not reversible error; complies with law of the case and procedure |
| Custodial statement voluntariness under OCGA 24-3-50 | State relied on prior ruling that admitted statements; law of the case | Foster contends involuntary, induced by hope of benefit | Law of the case governs; admission upheld |
| Admissibility of co-conspirator statement before conspiracy proven | State may admit co-conspirator statements after some conspiracy evidence; need not prove existence first | Conspiracy existence must be proven before statements admitted | Trial court did not abuse discretion; conspiracy evidence existed and statements admissible |
Key Cases Cited
- Cook v. State, 255 Ga. 565 ((1986)) (pre-evidentiary charge clarified procedures, not credibility)
- Linson v. State, 287 Ga. 881 ((2010)) (judicial comments clarifying procedures do not violate OCGA § 17-8-57)
- Bryant v. State, 197 Ga. 641 ((1944)) (law of the case binds on subsequent proceedings)
- Purvis v. State, 273 Ga. 898 ((2001)) (co-conspirator statements admissible after conspiracy shown)
- State v. Lejeune, 277 Ga. 749 ((2004)) (law-of-the-case principle in subsequent proceedings between same parties)
- Purvis v. State, 273 Ga. 898 ((2001)) (permissible to admit co-conspirator statements after conspiracy shown)
- Jackson v. Virginia, 443 U.S. 307 ((1979)) (sufficiency standard for criminal conviction)
- Smith v. United States, 406 A.2d 1262 ((D.C. 1979)) (discussion of law-of-the-case applicability)
- Mizell v. State, 288 Ga. 474 ((2010)) (issues not argued were not decided on new trial)
- Slakman v. State, 280 Ga. 837 ((2006)) (footnote about record not constituting binding ruling)