Lake v. State
293 Ga. 56
Ga.2013Background
- Lake was indicted for malice murder, felony murder with aggravated assault, and two counts of aggravated assault after a February 15, 2009 shooting that killed Jermaine Scurry.
- At nightclub in Screven County, Lake and Byron Milton allegedly assaulted Scurry in the parking lot; Lake pulled a gun, struck Scurry, and fired, causing death.
- Lake and Milton fled and were apprehended soon after; verdicts found Lake guilty of felony murder and both aggravated assaults, acquitting malice murder.
- Lake was sentenced to life imprisonment for felony murder; aggravated assault counts merged for sentencing.
- On appeal, Lake challenged jury charging timing, admission of impeachment evidence, recharge issues, and ineffective assistance claims; the conviction was affirmed.
- During the proceedings, several issues centered on whether defense objections or strategic decisions affected review, and whether plain-error standards applied to certain jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Lake contends evidence insufficient to sustain verdicts. | Lake argues the record does not support guilt beyond reasonable doubt. | Evidence sufficient; reasonable doubt not present. |
| Charging before closing arguments | Lake argues improper timing of jury instructions. | Lake acquiesced; trial strategy valid; no error reviewable on appeal. | No basis for review; waived by acquiescence. |
| Recharge after request for written definitions | Lake alleges ineffective assistance for not objecting to lack of recharge. | Strategic choice explained; no deficient performance under Strickland. | Ineffective assistance claim rejected; conduct reasonable. |
| Impeachment use of involuntary statements instruction | Instruction allowed use of involuntary statements for impeachment; plain error claim. | No objection; plain error not shown; records lack involuntary statements. | No plain error; instruction not shown to affect outcome. |
| Plain-error standard applicability | Failure to object should be reviewed for plain error. | OCGA and Kelly guide plain-error application; waiver applies. | Plain-error review not warranted beyond waiver; standard applied as decided. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court (1979)) (sufficiency of evidence standard for criminal conviction)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court (1984)) (two-prong test for ineffective assistance of counsel)
- State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain-error standard for jury instruction review)
- Smith v. State, 292 Ga. 316 (Ga. 2013) (clarifies plain-error framework after Kelly)
- Holcomb v. State, 268 Ga. 100 (Ga. 1997) (acquiescence can bar appellate review of trial rulings)
- Williams v. State, 277 Ga. 853 (Ga. 2004) (review of trial strategy and waiver principles)
- Butler v. State, 273 Ga. 380 (Ga. 2001) (informed strategic decisions not recordings of ineffective assistance)
- Lytle v. State, 290 Ga. 177 (Ga. 2011) (context for appellate standards in trial conduct)