Kidd v. State
292 Ga. 259
| Ga. | 2013Background
- Kidd threatened to kill Davenport after Davenport assaulted Kidd’s sister, who was the victim’s ex-girlfriend (Aug 1999).
- On Sept 17, 1999, Davenport’s car was followed by a white Ford Taurus; Kidd emerged with a shiny object and a confrontation occurred.
- Two gunshots were heard; witnesses saw Davenport stagger after the fight and were told a gun was involved; Davenport was unarmed.
- Appellant fled and discarded a firearm; no weapon was recovered; autopsy showed fatal back shot at close range and other wounds.
- Forensic evidence linked two .380 shell casings and projectiles to the same weapon; jury convicted Kidd of murder and firearm possession after three trials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient for guilt beyond a reasonable doubt? | Kidd | Kidd | Yes; evidence supported guilt beyond reasonable doubt. |
| Was admission of prior consistent statements proper to rehabilitate witnesses? | Kidd | Kidd | Yes; court did not abuse discretion. |
| Was an accident instruction warranted given the evidence? | Kidd | Kidd | No; facts did not support accident instruction. |
| Did defense counsel provide ineffective assistance by not securing sister’s testimony? | Kidd | Kidd | No prejudice shown; eyewitnesses supported unarmed victim and fatal shot context. |
Key Cases Cited
- Jackson v. Virginia, 443 S. Ct. 307 (U.S. 1979) (sufficiency review requires rational juror after viewing evidence in light most favorable to the testimony)
- Williams v. State, 289 Ga. 672 (Ga. 2011) (prior consistent statements admissible when veracity placed in issue and witness available for cross-examination)
- Woodard v. State, 269 Ga. 317 (Ga. 1998) (premise for prior consistent statements admissibility)
- Broner v. State, 284 Ga. 402 (Ga. 2008) (requires predating alleged fabrication for admissibility)
- Duggan v. State, 285 Ga. 363 (Ga. 2009) (clarifies fabrication requirement for prior statements)
- Pate v. State, 315 Ga. App. 205 (Ga. App. 2012) (illustrates cross-examination factors for veracity issue)
- Mills v. State, 287 Ga. 828 (Ga. 2010) (insufficient basis for accident charge absent more evidence)
- Pruitt v. State, 282 Ga. 30 (Ga. 2007) (ineffective assistance standard; prejudice required)
- Reese v. State, 289 Ga. 446 (Ga. 2011) (review of trial court rulings on charges)