Herbert v. State, 288 Ga. 843

Herbert and McLean traveled to Georgia with Slim and a woman to meet Treimain Thomas and Torrance McMillian for drugs.
Early morning of Feb. 18, 2006, they bought marijuana at a Clayton County gas station; plan to steal more money and marijuana emerged.
McLean borrowed Thomas's 9mm handgun; on returning to the gas station, McLean shot the victim; Herbert drove away and then helped dispose of the body.
The weapon was discarded along the route; Herbert later offered Thomas $200 for his gun.
Thomas and McMillian provided statements implicating Herbert and McLean; victim's body found at the scene; victim's cell phone trace linked to Thomas and McMillian.
Herbert challenged trial procedures, severance, Miranda waiver, IAD, Bruton issue, and evidentiary rulings, leading to this direct appeal after conviction on felony murder and related charges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of accomplice testimony	Herbert argues only accomplices testified against him.	Herbert contends insufficiency under OCGA 24-4-8.	Sufficient evidence supports guilt beyond reasonable doubt.
Denial of severance	Joint trial prejudiced Herbert due to weaker evidence against him.	Severance required due to antagonistic defenses and prejudice.	No abuse of discretion; mutual defenses did not prejudice.
Suppression of pretrial statement (Miranda waiver)	Rights were not properly waived due to form initials issue.	Waiver inadequate and statements involuntary.	Waiver proper; statements voluntary.
IAD speedy trial and detainer	Detainer/indictment triggered IAD deadlines; speedy trial violated.	No IAD trigger due to missing extradition waiver for indictment.	No IAD violation; 180-day deadline not triggered; indictment dismissal improper.
Bruton confrontation and detective testimony	Co-defendant statement about disposing of the gun violated Bruton.	Statement implicated co-defendant; violated confrontation clause.	No Bruton violation; statement attributed to Herbert, not McLean.

Williams v. State, 280 Ga. 584, 630 S.E.2d 370 (2006) (Ga. 2006) (accomplice corroboration allowed; one accomplice can corroborate another)
Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (U.S. 1979) (standard for reviewing sufficiency of evidence)
Zafiro v. United States, 506 U.S. 534, 113 S.Ct. 933, 122 L.Ed.2d 534 (1993) (U.S. 1993) (mutually antagonistic defenses not automatically prejudicial)
Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) (U.S. 1968) (confrontation rights with non-testifying co-defendants)
State v. Carlton, 276 Ga. 693, 583 S.E.2d 1 (2003) (Ga. 2003) (IAD detainer applicability to untried indictments; arrest warrants not covered)
Clater v. State, 266 Ga. 511, 467 S.E.2d 537 (1996) (Ga. 1996) (IAD accrual requires satisfaction of Article III procedures)
Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969) (U.S. 1969) (speedy trial rights when prisoner is incarcerated elsewhere)