Frazier v. State
309 Ga. 219
| Ga. | 2020Background
- On April 29, 2015, Corey Echols was shot while seated in his car on Kipling Street; multiple rounds struck the car and Echols died of a head gunshot wound.
- Witnesses and MARTA video identified a white Ford Crown Victoria with dark tinted windows and black wheels near the scene; the vehicle fled a police stop at high speed and was later found crashed and abandoned.
- A Bushmaster rifle with Frazier’s fingerprints was recovered near the crash; seven .223 casings and three 9mm casings were found in the car; other items in the car bore Frazier’s DNA and fingerprints; cell‑tower records placed a phone Frazier used in the area.
- Frazier admitted placing the Bushmaster in the tinted Crown Victoria, was on first‑offender probation at the time, and had previously pleaded guilty to voluntary manslaughter in a 1997 shooting.
- At trial Frazier testified he was carjacked by two masked men who forced him to drive and shoot; the jury found him guilty of malice murder and related offenses; he received life without parole plus 15 years.
- Frazier’s motion for new trial was denied; he appealed, arguing (1) insufficiency of the evidence, (2) erroneous admission of 404(b) evidence about the 1997 manslaughter, and (3) ineffective assistance for not requesting a justification charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Evidence was largely circumstantial; Frazier’s carjacking story was a reasonable hypothesis not excluded by the State | Physical and forensic evidence (rifle, casings, fingerprints, DNA, cell pings, crash, eyewitness description) supported guilt and excluded reasonable alternatives | Affirmed — viewed in the light most favorable to the verdict, the evidence was sufficient under Jackson and OCGA §24‑14‑6 |
| Admission of prior manslaughter plea under OCGA §24‑4‑404(b) | 1997 manslaughter plea was remote and unfairly prejudicial; irrelevant to intent here | Prior act was relevant to malice/intent, similar in nature and locale, and probative value outweighed prejudice | Affirmed — trial court did not abuse discretion admitting the 404(b) evidence to show intent (and plan/preparation) |
| Ineffective assistance for failing to request a justification charge | Trial counsel should have requested a §16‑3‑20(5) justification charge (distinct from coercion) and failure was prejudicial | Counsel requested and obtained a coercion charge (appropriate for non‑murder counts); justification here would not have been more favorable | Affirmed — no deficient performance or prejudice under Strickland; coercion charge was appropriate and not harmful |
| Whether coercion/justification could excuse murder and adequacy of coercion charge | Coercion/justification might excuse Frazier’s conduct in the murder counts | OCGA §16‑3‑26 expressly removes coercion as a defense to murder; coercion instruction was proper for non‑murder counts and supported defense | Court noted coercion is not a defense to murder; counsel’s coercion charge was proper and not prejudicial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes the due‑process standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (establishes ineffective‑assistance of counsel standard)
- Cochran v. State, 305 Ga. 827 (explains circumstantial‑evidence rule and OCGA §24‑14‑6 standard)
- Fleming v. State, 306 Ga. 240 (404(b) evidence relevant to intent; admissibility principles)
- Kirby v. State, 304 Ga. 472 (Rule 403/404(b) balancing; temporal remoteness and similarity)
- Olds v. State, 299 Ga. 65 (principles on other‑acts evidence and Rule 403 exclusion is extraordinary)