Lamar v. State
297 Ga. 89
| Ga. | 2015Background
- Lamar was convicted after a jury trial of murder, felony murder, aggravated assault, and firearm charges related to McCrae's death and a separate aggravated assault on Williams.
- A man matching Lamar's description shot McCrae at a barbecue; a week later witnesses placed Lamar at the scene or involved in the events with a backpack.
- Ballistic testing tied the gun Lamar held during the Williams confrontation to the murder weapon.
- Two prior similar transactions were admitted: a 1998 school-shooting incident and a 2009 incident involving a false name arrest, used to show course of conduct and intent.
- Lamar challenged ineffective assistance of counsel for failing to object to several prosecutor comments; the trial court and appellate court denied relief.
- The Georgia Supreme Court affirmed, holding the evidence sufficient and the trial court proper in admitting similar transactions and in rejecting ineffective assistance challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Lamar argues Stallings killed McCrae; insufficient evidence against him. | Jury properly credited evidence linking Lamar to the murder beyond reasonable doubt. | Evidence sufficient to sustain the verdict. |
| Admission of similar transactions | Similar-transaction evidence was improper and prejudicial. | Evidence admissible for course of conduct, intent, and lack of mistake; sufficient similarity. | Court did not abuse discretion; admissions affirmed. |
| Ineffective assistance of counsel | Counsel failed to object to several prosecutorial comments; prejudicial error. | No deficient performance or prejudice; substantial evidence of guilt supports correctness. | No ineffective assistance; judgment affirmed. |
| Prosecutorial comments and closing arguments | Prosecutor's comments improperly bolstered witness credibility and misstated law. | Any comments were within wide latitude of closing arguments and harmless given evidence. | No reversible error; arguments proper or harmless. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard requires proof beyond reasonable doubt)
- Hall v. State, 264 Ga. 85 (1994) (credibility determinations reside with jury)
- Matthews v. State, 294 Ga. 50 (2013) (admissibility of similar transactions for appropriate purposes)
- Reed v. State, 291 Ga. 10 (2012) (abuse of discretion standard for admission of evidence)
- Bell v. State, 294 Ga. 443 (2014) (ineffective assistance standard; prejudice required)
- Conner v. State, 251 Ga. 113 (1983) (closing argument latitude)
- Scott v. State, 290 Ga. 883 (2012) (closing argument reasonable inferences from evidence)
- Varner v. State, 285 Ga. 300 (2009) (wide leeway in closing argument)
- Fordham v. State, 254 Ga. 59 (1985) (witness may not give ultimate-issue opinion)
- Wright v. State, 291 Ga. 869 (2012) (standards for ineffective assistance, procedural posture)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test for ineffective assistance)
- Fuller v. State, 277 Ga. 505 (2004) (application of Strickland in state cases)
- Brown v. State, 295 Ga. 804 (2014) (similar-act analysis and evidentiary discretion)
