Heade v. State
312 Ga. 19
Ga.2021Background
- On November 10, 2016, Demetrius Heade shot and killed Michael Harvey after Harvey’s truck struck a stolen gold minivan Heade was driving; a .30-.30 rifle recovered at the scene matched bullet fragments from the victim.
- Heade and co-defendant Tilisha Tate fled the scene; surveillance, receipts, and fingerprints in the minivan linked them to the vehicle and to prior purchases using the vehicle owner’s credit card.
- Tate later admitted she was present when Heade killed Lavester Brennan on November 2, 2016 (the minivan’s owner), and testified about a prior assault by Heade (she was shot in the leg in October 2016) and an armed robbery (Heather Crane) on November 10.
- Before trial the court admitted evidence of three prior acts—the Tate assault, the Brennan murder, and the Crane robbery—as intrinsic evidence to complete the story, showing motive, identity, intent, knowledge, opportunity, and the relationship between Heade and Tate.
- A jury convicted Heade of malice murder, felony murder (predicated on aggravated assault), aggravated assault, and possession of a firearm during the commission of a felony; the Court of Appeals (Georgia Supreme Court) affirmed convictions but sua sponte vacated the felony murder and aggravated assault convictions/sentences for merger reasons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of three prior acts (Tate assault, Brennan murder, Crane robbery) | Evidence was intrinsic to the charged crime spree and admissible to show motive, identity, context, opportunity | Evidence was prejudicial and should be excluded or treated only as Rule 404(b) extrinsic evidence | Admitted as intrinsic; no abuse of discretion under OCGA § 24-4-403 and Georgia intrinsic-evidence jurisprudence |
| Tate assault characterized as "prior difficulty" (admission at pretrial) | The State proffered it to explain the relationship and Tate’s fear; trial counsel conceded admissibility | Heade argued the ruling was erroneous | Heade waived objection by conceding at trial; plain-error review fails |
| Ineffective assistance for counsel conceding admissibility of Tate assault | Concession was reasonable; evidence was admissible | Trial counsel’s concession was constitutionally deficient and prejudicial | No deficient performance: counsel need not object to admissible evidence; ineffective-assistance claim fails |
| Cumulative error (multiple alleged trial errors) | No trial-court errors in admission of prior acts; limiting instruction minimized prejudice | Combined errors deprived Heade of fair trial | No cumulative prejudice shown; claim fails |
| Sentencing merger (felony murder and aggravated assault) | State maintained convictions/sentences proper | Heade did not raise sentencing issues on appeal | Court sua sponte vacated felony murder (surplusage when malice murder also convicted) and vacated aggravated assault (merged with malice murder because single shot/no deliberate interval) |
Key Cases Cited
- Williams v. State, 302 Ga. 474 (2017) (explaining when other-acts evidence is intrinsic and admissible to complete the story)
- Smith v. State, 307 Ga. 263 (2019) (intrinsic evidence is outside scope of OCGA § 24-4-404(b))
- Harris v. State, 310 Ga. 372 (2020) (no bright-line temporal rule for intrinsic evidence; review for abuse of discretion)
- McCammon v. State, 306 Ga. 516 (2019) (other-act evidence can be a natural part of a witness’s account and admissible)
- Hulett v. State, 296 Ga. 49 (2014) (when malice murder and felony murder convictions both returned for same victim, felony-murder sentence is surplusage)
- Malcolm v. State, 263 Ga. 369 (1993) (vacating an alternative felony-murder sentence as surplusage when malice murder conviction is valid)
- Johnson v. State, 300 Ga. 665 (2017) (aggravated assault and malice murder convictions may both stand only if there is a deliberate interval between nonfatal and fatal injuries)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)