Gill v. State
295 Ga. 705
| Ga. | 2014Background
- On Nov. 21, 2010, security guard Christopher Long was shot and killed inside a strip club; Gill was indicted for malice murder, related felony counts, and firearm possession.
- Eyewitness (a dancer) identified Gill as the shooter, recalling prior contact with him that evening and recognizing him at the scene; she saw the shooter wearing a dark hoodie and firing a small gun.
- Corroborating evidence: club surveillance showing a hoodie and a white rubber bracelet worn by the shooter; Gill was later found wearing a similar bracelet and his driver’s license was recovered at the scene.
- Evidence placed Gill at a nearby residence after the initial altercation; a housemate reported seeing Gill retrieve a small silver handgun; the residence was a short drive from the club and Gill returned in an SUV matching surveillance footage.
- At arrest Gill admitted being at the club and involved in the earlier fight but denied returning to the club or being the shooter; he refused further questioning.
- Procedural posture: Gill was convicted at trial; he appealed on sufficiency and ineffective-assistance grounds; the Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument (Gill) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence | Identification and linkage to the shooting were speculative and circumstantial | Eyewitness ID plus corroborating circumstantial evidence (hoodie, bracelet, SUV, handgun retrieval, ID at scene) sufficed | Affirmed: evidence sufficient for convictions under Jackson v. Virginia standard |
| Ineffective assistance — failure to obtain video of earlier fight | Counsel unreasonably failed to secure club video that would show prior fight/motive | Counsel made strategic choice not to obtain tape to avoid producing it to State and to argue its absence as reasonable doubt | Affirmed: strategy was reasonable; no deficient performance established under Strickland |
Key Cases Cited
- Garey v. State, 273 Ga. 133 (credibility determinations are for the jury)
- Hampton v. State, 272 Ga. 284 (same)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance)
- Bell v. State, 294 Ga. 443 (applying Strickland in Georgia)
- Powell v. State, 291 Ga. 743 (objective-reasonableness standard for counsel performance)
- Ford v. State, 290 Ga. 45 (presumption that counsel’s performance is reasonable)
- Harris v. State, 279 Ga. 522 (trial strategy not constitutionally deficient)
- McKenzie v. State, 284 Ga. 342 (tactical decisions must be patently unreasonable to constitute ineffective assistance)
