Hawkins v. State
306 Ga. 809
Ga.2019Background
- On Sept. 17, 2015, Clayton Smith was shot and killed during an encounter arranged to buy marijuana; Quintavius Hawkins was present and fired a handgun; Smith returned fire and died.
- Hawkins and three others were indicted on multiple counts including malice murder, felony murder (predicated on attempted armed robbery among other felonies), attempted armed robbery, aggravated assault, and possession of a firearm during the commission of a felony.
- At trial (July 2016) the jury convicted Hawkins of felony murder predicated on attempted armed robbery and aggravated assault (one felony murder vacated by operation of law), attempted armed robbery, aggravated assault, and possession of a firearm during a felony; he was sentenced to life for felony murder and a consecutive five years for the weapons count; a suspended five-year sentence on attempted armed robbery was also imposed.
- Investigative and forensic evidence included four casings matching a Jimenez 9mm, Hawkins’s DNA on a cap recovered at the scene, and blood at the scene matching Hawkins; cellphone data (videos/photos) extracted after a warrantless “cell dump” were admitted at trial (some items later excluded by instruction).
- Hawkins filed a timely motion for new trial and multiple amendments; the trial court denied the third amended motion as untimely (but also ruled on its merits) and denied a second evidentiary hearing; Hawkins appealed.
- The Court affirmed convictions generally but found merger/sentencing error: the attempted armed robbery merged with the felony-murder conviction and the conviction/sentence for attempted armed robbery was vacated.
Issues
| Issue | Hawkins' Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to move to suppress cellphone contents | Trial counsel was ineffective for not moving to suppress cellphone evidence obtained under an insufficient warrant | Even if counsel erred, the cellphone evidence was cumulative and Hawkins cannot show prejudice | No ineffective assistance; no prejudice under Strickland; claim fails |
| Validity/timeliness of third amended motion for new trial | Third amended motion was timely because OCGA § 5-5-40(b) allows amendment any time before ruling | Trial court treated it as untimely given prior scheduling order but still addressed merits | Any error in deeming it untimely was harmless; court ruled on merits and denial affirmed |
| Right to an evidentiary hearing on third amended motion | Hawkins sought a second evidentiary hearing to develop ineffective-assistance claims against pre-trial counsel | State: prior hearing addressed pending matters; additional hearing unnecessary because record shows no prejudice | No second hearing required; claims lacked merit and no remand needed |
| Merger / double sentencing for predicate felony | Hawkins argued conviction and sentence for attempted armed robbery should not stand because it was the predicate felony for felony murder | State did not contest merger error | Conviction/sentence for attempted armed robbery vacated — merger applies; remainder of judgment affirmed |
Key Cases Cited
- Cowart v. State, 294 Ga. 333 (discussing vacatur by operation of law for certain felony-murder convictions)
- Culpepper v. State, 289 Ga. 736 (merger rule: predicate felony merges into felony murder)
- Green v. State, 283 Ga. 126 (merger and vacatur of predicate felony conviction)
- Bolston v. State, 282 Ga. 400 (merger doctrine applied to felony-murder predicate offenses)
- Strickland v. Washington, 466 U.S. 668 (test for ineffective assistance of counsel)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Bryant v. State, 301 Ga. 617 (warrant particularity and suppression issues)
- Brown v. State, 302 Ga. 454 (counsel ineffectiveness; prejudice analysis)