Hampton v. State
308 Ga. 797
Ga.2020Background
- On Oct. 22, 2015, Kiana Marshall, Isaiah Martin, and Alexis Kitchens were shot and killed; James Angelo Hampton, Dwayne Abney, and Diamond Butler were indicted in a 43-count indictment; Butler pleaded guilty and testified against Hampton and Abney at the joint trial (Dec. 1–8, 2017).
- Butler and other witnesses placed Hampton at the scene; Butler testified Hampton admitted the killings; Hampton’s cellmate testified Hampton confessed in jail and described the Hi‑Point 9mm pistol and eight rounds.
- Forensic evidence: eight BHA‑brand 9mm casings at the scene (all fired from the same Hi‑Point 9mm), an empty BHA box and Federal‑brand bullets found at Hampton’s residence, and a cellphone photo of Hampton holding a Hi‑Point about an hour before the murders.
- Abney told inmate Eric Washington that Hampton shot the victims and sought Washington’s advice about a false alibi; the trial court admitted Washington’s testimony about Abney’s jailhouse statements over Hampton’s Confrontation Clause and hearsay objections.
- Hampton proffered Travarius Gray as an alibi witness; prosecutors indicated they would ask Gray on cross about selling Hampton a Hi‑Point 9mm (a felony for Gray to possess as a convicted felon). Abney’s counsel advised Gray of his Fifth Amendment right; Gray would have invoked it, so the trial court struck/excluded Gray’s testimony.
- Jury convicted Hampton of three malice murders and related counts; sentenced to three consecutive life terms without parole plus other consecutive terms. On appeal Hampton challenged (1) admission of Washington’s testimony and (2) exclusion of Gray’s testimony and the advice given by co‑defendant’s counsel.
Issues
| Issue | Plaintiff's Argument (Hampton) | Defendant's Argument (State/Prosecutor) | Held |
|---|---|---|---|
| Admission of Abney’s jailhouse statements to Washington — Confrontation Clause | Admission violated Hampton’s Sixth Amendment confrontation rights because statements implicated him | Statements were non‑testimonial (made to get advice, not to create evidence); Confrontation Clause not triggered | Statements were non‑testimonial; Confrontation Clause claim fails |
| Admission of Abney’s jailhouse statements — hearsay | Statements were inadmissible hearsay | Any hearsay admission was cumulative and harmless given confessions and forensic links | Even if erroneous, admission was harmless beyond a reasonable doubt (cumulative/confirms other admissible evidence) |
| Exclusion of alibi witness Gray after Abney’s counsel advised him of Fifth Amendment rights | Allowing Abney’s counsel to advise Gray and striking Gray’s testimony deprived Hampton of due process and his alibi evidence | Court properly determined a real and appreciable danger of incrimination; witness may invoke Fifth; if invoked, direct testimony must be stricken | Due process claim not preserved; court did not abuse discretion in advising Gray and excluding testimony if he invoked Fifth |
| Prosecutorial duty to seek pretrial ruling or grant use immunity for Gray | State should have moved pretrial on admissibility and could/should have sought use immunity for Gray | OCGA §24‑1‑104 does not require a pretrial motion; use‑immunity is discretionary and cannot be compelled by defendant | No requirement that State seek a pretrial ruling; prosecutor not required to seek use immunity; argument fails |
Key Cases Cited
- Bruton v. United States, 391 U.S. 123 (1968) (co‑defendant out‑of‑court statements and Confrontation Clause principles)
- Allen v. State, 300 Ga. 500 (2017) (defines when statements are "testimonial" for Confrontation Clause analysis)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Perez v. State, 303 Ga. 188 (2018) (harmless‑error test for nonconstitutional errors and cumulative evidence rule)
- Anglin v. State, 302 Ga. 333 (2017) (erroneous hearsay admission harmless when cumulative of admissible evidence)
- Davis v. State, 302 Ga. 576 (2017) (admission of hearsay may be harmless if cumulative)
- Glispie v. State, 300 Ga. 128 (2016) (harmless‑error and cumulative evidence analysis)
- Cody v. State, 278 Ga. 779 (2004) (procedure when witness indicates intent to invoke Fifth Amendment; striking testimony when privilege invoked on non‑collateral matters)
- Brown v. State, 295 Ga. 804 (2014) (clarifies limits on court‑ordered testimony and witness invocation of privilege)
- Abney v. State, 306 Ga. 448 (2019) (co‑defendant’s direct appeal; factual context and related rulings)
- United States v. Georgia Waste Systems, 731 F.2d 1580 (11th Cir. 1984) (prosecutorial discretion to grant use immunity is not judicially reviewable)