Franklin v. State
298 Ga. 636
| Ga. | 2016Background
- Christopher Crawford was shot and killed in April 2007 after a confrontation with Franklin, a pimp who had threatened retaliation after Crawford robbed a woman (Natalie) associated with Franklin.
- Witnesses placed a man with his face partially covered exiting a red Chevy Cobalt, walking past Crawford, then turning and shooting him; eyewitness Ba identified McClendon as the shooter.
- Evidence included: Green’s testimony that a jailhouse inmate (and McClendon) admitted the shooting was done at Franklin’s behest; phone records showing communications between Franklin and associates near the crime scene; and jail calls in which Franklin threatened witnesses.
- At trial Franklin was convicted of malice murder, felony murder (merged/vacated), aggravated assault, and criminal solicitation; he received a life sentence for malice murder.
- Post-conviction, Franklin appealed asserting (1) insufficient counsel re: Confrontation Clause challenge to Green’s testimony about McClendon’s out-of-court confession; (2) improper admission/publication of a recorded statement as prior consistent evidence; and (3) error in denying the jury’s request for written instructions.
Issues
| Issue | Plaintiff's Argument (Franklin) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence | Conviction not supported by evidence linking Franklin to conspiracy/shooting | Evidence of threats, meetings with associates, phone activity, IDs sufficed | Affirmed — evidence sufficient under Jackson v. Virginia |
| Ineffective assistance / Confrontation Clause re: Green relaying McClendon’s jailhouse statement | Counsel should have objected on Confrontation grounds because the out-of-court statement lacked indicia of reliability | Statement admitted under co-conspirator hearsay exception and was non‑testimonial, so no Confrontation problem; counsel’s failure to object was not deficient | Held for State — statement properly admitted as co-conspirator statement and non‑testimonial, so no ineffective-assistance shown |
| Admission/publication of recorded prior statement (Green’s recording to detective) | Playing the recording improperly bolstered Green’s testimony (improper bolstering) | Recording was a prior consistent statement admissible to rebut impeachment (claim of motive/recent fabrication) | Held for State — record satisfied criteria for prior consistent statement; admission proper |
| Denial of jury request for written copy of instructions | Jury should have been given written instructions during deliberations | Georgia law does not require written instructions; judge offered to reread any portion and no contemporaneous objection was made | Held for State — no error in denying written copy; courts may but are not required to send written instructions out |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal sufficiency standard under federal constitutional law)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- Crawford v. Washington, 541 U.S. 36 (testimonial statements and Confrontation Clause rule)
- Dutton v. Evans, 400 U.S. 74 (older co-conspirator reliability factors—court explains Dutton no longer controls post‑Crawford)
- Favors v. State, 296 Ga. 842 (definition of testimonial and application to non‑testimonial out‑of‑court statements)
- Woodard v. State, 269 Ga. 317 (admissibility of prior consistent statements to rebut charges of recent fabrication)