Hayes v. State
298 Ga. 98
| Ga. | 2015Background
- Victim Joshua Grier, who owed money to Samuel Hayes, was found shot dead at Lake Michelle on Jan. 22, 2012; his GPS ankle monitor stopped moving at 9:22 a.m.
- Phone, video, and tower data placed Hayes traveling with and then following Grier the morning of the killing; surveillance showed two vehicles traveling in tandem and Grier’s car was later burned.
- Witnesses saw Hayes and Jahan Mims with a handgun the night before; Mims drove and communicated with Hayes the morning of the killing; Hayes made statements afterward suggesting someone was dead.
- Hayes was indicted and convicted of malice murder, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during a felony; sentenced to life without parole plus additional terms.
- Hayes appealed claiming ineffective assistance of trial counsel for (1) failing to object to a conspiracy charge, (2) failing to object to admission of phone/tower records lacking a custodian, (3) failing to object to GPS printout foundation, and (4) failing to move to suppress search-warrant-derived evidence.
Issues
| Issue | Hayes's Argument | State's Argument | Held |
|---|---|---|---|
| Jury instruction on conspiracy | Counsel should have objected to giving a conspiracy charge when Hayes was not indicted for conspiracy | Evidence supported a conspiracy instruction (common design with Mims); no basis to object | No ineffective assistance; charge was warranted and counsel reasonably declined to object |
| Admission of cell phone/tower records without custodian testimony | Records were inadmissible because certification was not notarized or sworn under penalty of perjury | Georgia Evidence Code does not require notarization or §1746-style penalty-of-perjury signature for domestic records certification | No ineffective assistance; Georgia statutes differ from federal rules and certification was sufficient under OCGA §24-8-803(6) and §24-9-902(11) |
| GPS ankle-monitor printout foundation | Counsel should have objected because no GPS company custodian testified to lay foundation under business-record exception | Parole supervisor who used the software could qualify as a "custodian or other qualified witness"; counsel reasonably chose not to object as tactical trial strategy | No ineffective assistance; strategic withholding of objection reasonable and Hayes failed to show prejudice |
| Failure to move to suppress search-warrant-based evidence | Counsel should have moved to suppress because warrant allegedly lacked oath/affirmation and was issued after the search | Record did not show the warrant was invalid; Hayes failed to place warrant in record to prove defect | No ineffective assistance; Hayes did not show the evidence would have been suppressed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- Smith v. Francis, 253 Ga. 782 (Georgia application of Strickland)
- Belsar v. State, 276 Ga. 261 (conspiracy instruction may be given even if defendant not indicted for conspiracy)
- Crawford v. State, 294 Ga. 898 (agreement/common design supports conspiracy charge)
- Robinson v. State, 277 Ga. 75 (appellate standard: accept trial court fact findings; review law de novo)
- Martin v. State, 281 Ga. 778 (ineffective assistance claim re: jury instruction)
- Parker v. State, 296 Ga. 586 (Georgia Evidence Code differences from Federal Rules)
- Perera v. State, 295 Ga. 880 (business-records and certification principles)
- Wallace v. State, 296 Ga. 388 (strategy to refrain from objection can be reasonable trial tactic)
- Biggs v. State, 281 Ga. 627 (need strong showing that suppressed evidence would have been excluded to prevail on failure-to-suppress ineffective-assistance claim)
- State v. Frost, 297 Ga. 296 (courts may look to federal precedent but must honor substantive differences in Georgia Evidence Code)
- Fair v. State, 284 Ga. 165 (legislative omission of a requirement evidences intent not to impose it)
- Malcolm v. State, 263 Ga. 369 (merger principles for sentencing)