Harris v. State
308 Ga. App. 456
| Ga. Ct. App. | 2011Background
- Harris appealing after denial of motion for new trial following armed robbery conviction.
- Evidence included Collins’ trial testimony implicating Harris and independent corroboration from physical evidence and witness statements.
- Police recovered money from Harris’s home, clothing and a toy gun from a trash can near the house, and a phone-recorded admission where Harris instructed to 'keep the money.'
- Sanders pled guilty and testified Harris was not involved; Collins testified Harris helped plan the robbery and participated.
- Witness descriptions focused on red masks and clothing; victim could not identify faces but described demeanor and race as African-American.
- Courts apply Jackson v. Virginia; substantial independent corroboration suffices when accomplice testimony is involved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict armed robbery | Harris argues accomplice testimony alone is uncorroborated | State cites independent corroboration (money, clothing, statements) | Evidence sufficient; corroboration found; rational jury could convict |
| Effectiveness of trial counsel | Counsel failed to adequately prepare for Harris to testify; failed to seek accomplice corroboration instruction | Counsel advised regarding testimony; no deficient performance shown; prejudice not shown | No reversible error; Strickland criteria not met; substantial independent evidence supports verdict |
Key Cases Cited
- Richardson v. State, 305 Ga.App. 850 (2010) (accomplice testimony requires corroboration, which may be circumstantial)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review requires any rational trier of fact to find essential elements beyond reasonable doubt)
- Parnell v. State, 260 Ga.App. 213 (2003) (sufficiency requires some evidence supporting each element)
- Sheppard v. State, 300 Ga.App. 631 (2009) (jury credibility determinations given deference; we do not weigh the evidence)
- Thompson v. State, 281 Ga.App. 627 (2006) (jury resolution of conflicts and uncertainties favored; evidence need not be uncontradicted)
- Burton v. State, 263 Ga.725 (1994) (decision whether to testify is a tactical choice by defendant after counsel discussion)
- Mobley v. State, 264 Ga. 854 (1995) (trial court credibility determinations reviewed for clear error)
- Hayes v. State, 281 Ga.App. 749 (2006) (accomplice corroboration instruction not required where independent evidence suffices)
- Rose v. State, 258 Ga.App. 232 (2002) (ineffectiveness claims evaluated under Strickland standard)