354 Ga. App. 525
Ga. Ct. App.2020Background
- In April 2011 three men in a hotel room were robbed at gunpoint; victims later located a car matching the stolen Camaro parked near a car shop and identified occupants of a stopped white Charger as suspects. Redding was arrested after police stopped the Charger and found two handguns and marijuana.
- Police recovered text/call logs linking Redding to a co-defendant (Nash) who had $4,500 and a text about buying Forgiato rims shortly after the robbery; Nash admitted wanting to buy rims from a stolen car.
- Law enforcement presented gang evidence: Redding had prior guilty plea to gang participation, tattoos (including “GF”), social-media photos/videos showing gang signs and a red bandana, and wiretap recordings in which a number tied to Redding discussed guns and crimes.
- At trial Stewart and Culbreath identified Redding as one of the robbers; Jackson’s testimony was inconsistent about whether she was awake during the robbery. Two firearms recovered from the Charger matched the types described by a victim (.45 and 9mm Ruger).
- Redding was convicted of participation in criminal street gang activity, three counts of armed robbery, and possession of a firearm during the commission of a felony; the trial court denied his motion to suppress and his amended motion for new trial; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for criminal street gang participation | Redding: the robberies were an isolated incident and not shown to further gang interests | State: gang membership shown (tattoos, prior plea, photos, wiretaps) and robberies furthered gang’s criminal enterprise (text about selling rims; gang expert testimony) | Affirmed — evidence sufficient to prove membership, predicate acts, and intent to further gang interests |
| Sufficiency of evidence for armed robberies and weapon-possession; eyewitness ID | Redding: Stewart’s initial identification was a tainted, police-involved show-up so later IDs were unreliable | State: no police-initiated show-up; Stewart later had independent opportunity to view Redding in the hotel and other corroborating evidence exists | Affirmed — identification admissible (independent origin) and corroborating evidence supports convictions |
| Sufficiency for robbery of Jackson (victim inconsistency) | Redding: Jackson said she was asleep, so insufficient evidence she saw assailants | State: testimony and prior inconsistent statements place Jackson awake; jury resolves conflicts | Affirmed — credibility conflict for jury; evidence sufficient |
| Motion to suppress (vehicle stop and search) | Redding: stop and search unlawful; evidence from vehicle should be suppressed | State: officer had victim-provided description and located matching vehicles; flight by one occupant and occupants driving away gave founded suspicion; inventory search lawful after arrests | Affirmed — investigatory stop reasonable and inventory search proper; evidence admissible |
| Authentication of social-media and YouTube evidence | Redding: exhibits not properly authenticated | State: investigator located material using known identifiers and recognized Redding; testimony authenticated exhibits | Affirmed — law-enforcement testimony was sufficient to authenticate social-media exhibits |
| Mistrial and ineffective assistance for failure to object to prosecutor’s references to guns | Redding: witness identified guns and prosecutor improperly argued guns were the same; counsel should have objected and moved for mistrial | State: objection sustained at trial and curative instruction given; no mistrial motion made; counsel’s tactic not patently unreasonable | Affirmed — mistrial issue waived; counsel strategy reasonable under Strickland; no demonstrated prejudice |
Key Cases Cited
- Thomas v. State, 300 Ga. 433 (sufficiency standard: view evidence in light most favorable to verdict)
- Stripling v. State, 304 Ga. 131 (gang-activity conviction may be supported by membership, predicate acts, and purpose to further gang)
- Escober v. State, 279 Ga. 727 (an in-court identification is admissible if it has an independent origin from any impermissibly suggestive out-of-court ID)
- Lyons v. State, 247 Ga. 465 (due process challenge to identification requires state action; citizen identifications are for jury credibility)
- Lamb v. State, 269 Ga. App. 335 (reasonable suspicion can support a brief investigatory stop; founded suspicion standard)
- Blackledge v. State, 299 Ga. 385 (authentication of social-media printouts may be established through circumstantial evidence and investigator testimony)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance framework: deficient performance and prejudice)
- Peoples v. State, 295 Ga. 44 (tactical decision not to object during closing generally does not constitute per se ineffective assistance)