304 Ga. 385
Ga.2018Background
- On May 9, 2010, shots were fired at Nadina Waller, her mother Diane Waller, and two children after an in-store confrontation involving Raymon Jamaal Green and co-defendant Demeko Wilson; witnesses heard multiple shots and saw Green and Wilson run off.
- On May 21, 2010, Christopher Finney was shot and killed after he and Tony Chatfield were approached by two men identified by Chatfield as Green and Wilson; Chatfield testified Green had a .45 and Wilson a .380, and both displayed guns and demanded money.
- Ballistics: a .45 casing from the May 21 scene was fired from the same gun as one of five .45 casings collected from the May 9 scene; other casings matched a different gun.
- After the May 21 shooting, Green and Wilson went to a nearby house asking for bleach and to wash; two black hats were later found in a trash can at that house.
- Indictment/convictions: Green was tried jointly with Wilson, convicted of malice murder (Finney) and multiple counts including aggravated assault and attempted armed robbery; Green appealed, arguing insufficiency of evidence and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (Green) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for May 9 aggravated assaults | Evidence did not show Green possessed or fired a gun; eyewitness testimony ambiguous | Ballistics, multiple shots, testimony that two guns were used, and victims’ fear supported jury inference Green fired or placed victims in apprehension | Evidence sufficient; convictions on May 9 assault counts affirmed |
| Sufficiency for May 21 offenses (murder, attempted armed robbery, aggravated assault) | Chatfield was not credible; no proof Green robbed Chatfield (money left in victim’s pockets); identification/caliber testimony unreliable | Ballistics matched testimony; Chatfield saw Green with a .45 and fleeing/shot behavior supported attempt to rob and that Green shot Finney | Evidence sufficient to convict on May 21 counts; directed verdict properly denied |
| Motion for directed verdict denial | (overlaps sufficiency claims) verdict should have been directed for lack of proof | Same as State above — evidence circumstantially supported convictions | Denial of directed verdict was proper under Jackson standard |
| Ineffective assistance: (1) failure to move to sever; (2) failure to admit certified conviction of Chatfield / seek felony-impeachment instruction / emphasize conviction in closing | (1) Trial counsel should have sought severance; (2) counsel erred in not introducing certified conviction or obtaining an impeachment-by-felony charge and emphasizing it in closing, which would have undermined Chatfield’s credibility | Counsel had strategic reasons (co-defendant’s severance denied; impeachment on record via Chatfield’s testimony and cross-examination); no reasonable probability of different outcome even if counsel acted differently | Strickland prejudice not shown. No reversal for ineffective assistance; convictions affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (established standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Lucky v. State, 286 Ga. 478 (weapon "use" includes constructive force causing reasonable apprehension)
- Roberts v. State, 267 Ga. 669 (aggravated assault can be proven by evidence of reasonable apprehension)
- Brown v. State, 289 Ga. 259 (harmlessness of failure to give felony-impeachment instruction where credibility issues were explored)
- Scott v. State, 290 Ga. 883 (discussing Strickland standard in Georgia criminal appeals)
- Johnson v. State, 340 Ga. App. 429 (display of handgun in waistband sufficient for armed-robbery proof)