Jones v. State
305 Ga. 750
Ga.2019Background
- In November 2013 Michael Donnta Jones and Nathaniel Wilkins, with Tracy Burgess driving, approached Forrest Ison and Alice Stevens during an attempted robbery; both victims were shot and died. Jones was later convicted of two counts of malice murder and sentenced to consecutive life-without-parole terms.
- Forensic evidence showed each victim was shot with a .45-caliber to the chin and a .22-caliber to the head; murder weapons were not recovered.
- Jones made post-offense admissions to multiple people, including that Wilkins shot first and Jones "finished it off," and displayed a .40/.45 pistol he claimed to have used.
- At trial the State introduced testimony from witnesses including Burgess (who testified pursuant to a plea deal) and Joris Cooper (who testified about Wilkins threatening him). The lead detective also testified about investigative practices and that he interviewed Jones.
- Jones appealed, challenging several evidentiary rulings, the denial of a mistrial after a potential comment on his silence, and asserting ineffective assistance of counsel. The Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Admissibility of Wilkins' threat to Cooper under coconspirator exception | Statement was in furtherance of conspiracy and admissible during concealment phase | Conspiracy had ended before the threat due to prior incriminating statements | Admissible; conspiracy continued into concealment and statement furthered conspiracy; no abuse of discretion |
| Limitation on cross-examining Cooper about grand jury testimony | No harm; prior answer already revealed conflict | Denied right to highlight inconsistency between trial and grand jury testimony | Harmless even if error; inconsistency was apparent to jury |
| Exclusion of photograph of Wilkins with "Peanut" | Photo only showed acquaintance and was irrelevant to who committed the murders | Photo was probative of alternative perpetrator theory | Proper exclusion for lack of relevance; no abuse of discretion |
| Questioning Burgess about parole eligibility | State: not admissible; trial court limited questioning | Jones: should have been allowed to show disparity/ bias from plea deal | Limitation harmless; counsel elicited plea-deal bias evidence, no reversible error |
| Detective testimony about contacting witnesses (bolstering) | Testimony explained common investigative practice, not credibility of specific witnesses | Jones: improperly bolstered State witnesses | Admissible; did not directly vouch for witnesses, no abuse of discretion |
| Mistrial for detective's statement that he "interviewed [Appellant]" (possible comment on silence) | Statement was non-responsive and unintentional; curative instruction cured any harm | Statement improperly commented on right to silence; mistrial required | No mistrial; statement was inadvertent, juries presumed to follow curative instruction |
| Ineffective assistance for failure to object or move for mistrial in various instances | Many rulings were within discretion or harmless; strategic choices by counsel reasonable | Counsel was deficient for failing to object/move for mistrial on multiple occasions | Strickland not satisfied: either no deficiency or no prejudice; cumulative assumed errors insufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Davis v. State, 302 Ga. 576 (conspirator statement admissible when prima facie conspiracy shown)
- Kemp v. State, 303 Ga. 385 (liberal standard for statements in furtherance of conspiracy; conspiracy may continue into concealment)
- Anglin v. State, 302 Ga. 333 (abuse-of-discretion standard for evidentiary rulings)
- Kilpatrick v. State, 276 Ga. 151 (warning against family members identifying in-life photos due to risk of emotional outburst)
- Brown v. State, 302 Ga. 454 (distinguishing improper bolstering from testimony about general investigative practices)
- Cannon v. State, 302 Ga. 327 (presumption that juries follow curative instructions)