Lawrence v. the State
342 Ga. App. 396
| Ga. Ct. App. | 2017Background
- On Dec. 8, 2011, two women (M.M. and L.W.) were abducted, blindfolded, taken to a condominium unit, and sexually assaulted; one victim’s forensic swabs contained male DNA matching Deantwan Allen.
- Both victims were forced to douche or have their mouths cleaned, and personal items (including an EBT receipt and one victim’s phone) linked the crimes to Lawrence’s red Isuzu and Allen’s condo.
- Lawrence lived in the condominium complex and owned the red Isuzu; Allen lived in the complex and was close to Lawrence.
- Ashley McDaniel (Allen’s girlfriend) testified that Allen told her Lawrence raped the women; police also played recorded jail calls of Allen implicating Lawrence.
- At trial Lawrence was convicted of armed robbery, kidnapping, rape, aggravated sodomy, and possession of a firearm during a felony; he appealed after denial of a new trial.
Issues
| Issue | Plaintiff's Argument (Lawrence) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of Allen’s statement to McDaniel under co‑conspirator exception | Statement was hearsay and not admissible; McDaniel not a conspirator; statement not in furtherance | Allen was a conspirator; statement made during concealment and therefore in furtherance | Admitted: statement falls within OCGA § 24‑8‑801(d)(2)(E) as concealment furthers conspiracy |
| Necessity of accomplice corroboration jury charge (OCGA § 24‑14‑8) | Court should have instructed jury that accomplice testimony requires corroboration; failure was reversible error | No controlling precedent requires accomplice corroboration charge when inculpatory statement is introduced through a third party who testifies (and Allen did not testify) | No plain error: failure to charge not "obvious beyond reasonable dispute"; no reversal |
| Sufficiency of the evidence without McDaniel’s testimony | Without the hearsay, insufficient evidence to convict Lawrence | Sufficient independent evidence (vehicle ID, EBT receipt, phone found, DNA linking Allen) supported convictions | Evidence sufficient under Jackson v. Virginia; convictions stand |
| Whether witness (McDaniel) must be a conspirator for co‑conspirator exception | Lawrence argued exception requires testifying witness also be a conspirator | Statute requires declarant be conspirator; witness need not be | Court: witness need not be a co‑conspirator; only declarant (Allen) must be a conspirator |
Key Cases Cited
- Terrell v. State, 300 Ga. 81 (Ga. 2016) (conspiracy continues through concealment; concealment statements are in furtherance)
- Mahalo Investments III, LLC v. First Citizens Bank & Trust Co., Inc., 330 Ga. App. 737 (Ga. Ct. App. 2015) (statutory text governs co‑conspirator exception analysis)
- Grimes v. State, 296 Ga. 337 (Ga. 2014) (statements during concealment phase admissible under co‑conspirator rule)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence)
- Stanbury v. State, 299 Ga. 125 (Ga. 2016) (failure to give required jury charge on accomplice corroboration can be plain error)
- Merritt v. State, 292 Ga. 327 (Ga. 2013) (preservation rules for objections to jury charges)