Green v. State
304 Ga. 385
| Ga. | 2018Background
- On May 9, 2010, an altercation occurred at a convenience store involving Nadina Waller, Diane Waller, Nadina’s child and niece, and defendants Green and co-defendant Wilson; multiple shots were fired as the women drove away. Ballistics showed five .45 casings at the May 9 scene, fired from two different guns.
- On May 21, 2010, Christopher Finney was shot and killed while walking with Tony Chatfield; Chatfield identified Green and Wilson as the assailants, stating Green had a .45 and Wilson a .380. Casings (.45 and .380) were recovered at the May 21 scene.
- Green and Wilson briefly went to the home of Chatfield’s sister after the May 21 shooting; black hats were later recovered from her yard’s trash.
- A Bibb County grand jury charged both men with multiple counts arising from May 9 (four aggravated assaults) and May 21 (murder, felony murder, attempted armed robbery, aggravated assault counts, and firearm possession). They were tried jointly and convicted on all counts; Green received life for murder plus additional consecutive and concurrent terms.
- Green appealed, arguing insufficient evidence and ineffective assistance of counsel for several failures (severance motion, introducing certified conviction of key witness Chatfield, requesting impeachment-by-felony instruction, and arguing Chatfield’s conviction in closing). The trial court denied a timely new-trial motion procedural issue was later resolved to allow appeal.
Issues
| Issue | Plaintiff's Argument (Green) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for May 9 aggravated assaults | Evidence did not show Green fired or pointed a gun; witnesses saw only shadowy figures and only one shooter | Ballistics, testimony that both men fled together, multiple shots from two guns, and victims’ fear supported that Green used a deadly weapon and placed victims in reasonable apprehension | Affirmed — evidence sufficient under Jackson standard to support aggravated-assault convictions arising from May 9 |
| Sufficiency of evidence for May 21 murder, attempted robberies, and assaults | Chatfield not credible; no proof Green tried to rob Chatfield (no weapon pointed at Chatfield) and improbable they would kill Finney without taking money found on him | Chatfield testified Green displayed a .45 and asked about pockets, caused flight; casings consistent with both guns; jury could infer panic/flight led to Finney’s killing | Affirmed — evidence sufficient to convict of murder, attempts, and assaults on May 21 |
| Counsel ineffective for failing to move to sever May 9 counts from May 21 counts | Joint trial produced “smear effect”; counsel should have moved to sever as Green’s case for severance was stronger than co-defendant’s | Trial counsel relied on co-defendant’s denied severance; Green offers only speculation of prejudice; no showing of confusion or actual harm | Denied — no Strickland prejudice shown; mere speculation insufficient |
| Counsel ineffective for failing to use certified copy of Chatfield’s felony conviction, request felony-impeachment instruction, or argue conviction in closing | Failure hid impeachment evidence and foreclosed jury instruction that could have undermined Chatfield’s credibility | Chatfield testified he was on probation for burglary, defense impeached him repeatedly, jury instructed on credibility and impeachment generally; any marginal benefit would not likely change outcome | Denied — even assuming performance deficient, no reasonable probability of different outcome (no Strickland prejudice) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- Lewis v. State, 296 Ga. 259 (same standard applies to directed verdict review)
- Hayes v. State, 292 Ga. 506 (deference to jury credibility determinations)
- Graham v. State, 301 Ga. 675 (resolution of credibility conflicts does not render evidence insufficient)
- Roberts v. State, 267 Ga. 669 (aggravated assault can be shown by creating reasonable apprehension)
- Hawkins v. State, 260 Ga. 138 (firing into crowd to frighten can establish aggravated assault)
- Lucky v. State, 286 Ga. 478 (definition of "use of an offensive weapon" includes constructive force via fear)
- Johnson v. State, 340 Ga. App. 429 (display of handgun in waistband can suffice for armed-robbery element)
- Anderson v. State, 238 Ga. App. 866 (victim’s testimony that defendant revealed a gun supported armed robbery)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance-of-counsel standard)
- Scott v. State, 290 Ga. 883 (applying Strickland in state context)
- Pierce v. State, 286 Ga. 194 (mere speculation insufficient to establish Strickland prejudice)
- Green v. State, 281 Ga. 322 (no prejudice where jury was informed of witness’s criminal history on testimony)
- Brown v. State, 289 Ga. 259 (harmlessness of failing to give felony-impeachment instruction where credibility extensively tested)