305 Ga. 785
Ga.2019Background
- Gregory Smith was shot dead in a restaurant parking lot; surveillance showed a Chevrolet Malibu nearby; items (phone, key fob, knife) were missing from Smith's car.
- Surveillance, phone tower pings from Haney's phone, witness statements (including Haney admissions to acquaintances), and physical evidence (ammunition, gun parts, Haney’s fingerprints on an ammo box) tied Haney and Jackson to the scene.
- Haney allegedly confessed to acquaintances that he and Jackson went to rob Smith and that Haney shot him when Smith flinched; Haney’s mother and another witness relayed these statements to police and at trial.
- Jackson was linked to the Malibu (registered to his girlfriend Wright) by testimony and a recorded jail call; Wright’s recorded call with Jackson included Jackson admitting the car was hers and advising about searches.
- Both were jointly tried, convicted of malice murder, felony murder (vacated by operation of law), and armed robbery; both received life sentences; they appealed denial of their motions for new trial.
Issues
| Issue | Appellant's Argument | State's / Opposing Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (Haney & Jackson) | Evidence was insufficient to convict on murder and robbery counts | Evidence (surveillance, admissions, phone pings, physical evidence) authorized convictions | Convictions upheld; evidence sufficient under Jackson v. Virginia |
| Ineffective assistance — vehicle ID (Haney) | Counsel should have objected to detective and mother identifying the vehicle | Identification was cumulative; other admissible evidence (recorded call) tied car to Wright | No prejudice shown; ineffectiveness claim fails |
| Bruton claim / ineffective assistance — out-of-court admissions by co-defendant (Jackson) | Statements Haney made to third parties implicating Jackson were testimonial and should have been excluded; counsel erred by not objecting | Statements were nontestimonial (not police interrogations) so Bruton did not apply; any objection would be meritless | Statements admissible; failure to object not deficient performance |
| Ineffective assistance — recorded jail call (Jackson) | Counsel should have objected to recording as hearsay; admission prejudiced Jackson | Jackson’s spoken statements on the recording are party admissions and not hearsay | Recording admissible as party admission; no deficient performance or prejudice shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance — performance and prejudice test)
- Bruton v. United States, 391 U.S. 123 (confrontation rights when co-defendant's testimonial statement implicates another)
- Billings v. State, 293 Ga. 99 (statements not product of interrogation are nontestimonial)
- Hayes v. State, 262 Ga. 881 (failure to make a meritless objection is not ineffective assistance)
- Glispie v. State, 300 Ga. 128 (defendant's outgoing electronic communications can be admissions)