Lindsey v. State
295 Ga. 343
| Ga. | 2014Background
- Lindsey was convicted of malice murder and criminal solicitation to commit murder for the 2002 fatal shooting of Marcus Taylor in Richmond County and related crimes; on retrial, he challenged venue, trial-court conduct, and admission of prior consistent statements by Hankerson.
- The murder occurred at a Citgo store; Lindsey, Lawton, Hankerson, and others plotted to kill Taylor while Lindsey was incarcerated and continued planning after release, with Taylor being targeted because of prior testimony against Lindsey.
- Lindsey allegedly supplied or orchestrated the plan, directing Hankerson to deliver the weapon to Lawton, who carried out the murder; a separate witness testified to a looming threat against a Taylor witness.
- Hankerson, Lawton, and Lindsey were linked through testimony and circumstantial evidence showing a coordinated scheme with Lindsey as mastermind; threats against a prosecution witness supported circumstantial corroboration.
- Evidence included meetings on Old Savannah Road in Richmond County, the firing of the gun at Taylor, and letters between Lindsey and Hankerson that supported Lindsey’s involvement and motive.
- The trial court admitted Hankerson’s prior consistent statements, and Lindsey did not preserve a bolstering objection; the verdicts were ultimately affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue sufficiency for solicitation | Lindsey contends venue failed beyond reasonable doubt. | State proved venue by direct and circumstantial evidence placing the crime in Richmond County. | Venue proven beyond reasonable doubt. |
| Judicial comment on evidence | Court violated OCGA 17-8-57 by commenting on guilt. | Preliminary venire instructions clarified indictment allegations, not proof; no OCGA 17-8-57 violation. | No error; venire-related comments permissible. |
| Sufficiency with accomplice testimony | Convictions rested on uncorroborated accomplice Hankerson. | Corroboration existed via timing, motive, and related conduct; independent evidence connected Lindsey to the crime. | Sufficient corroboration and evidence to support convictions. |
| Admission of prior consistent statements | Prior consistent statements bolstered Hankerson’s credibility improperly. | Admissions were handled with defense awareness and offered with proper foundation; no reversible bolstering error. | Admission proper; no harmful error. |
Key Cases Cited
- Jackson v. State, 292 Ga. 685 (Ga. 2013) (venue proof beyond reasonable doubt requires direct or circumstantial evidence)
- Brinson v. State, 289 Ga. 150 (Ga. 2011) (venue may be established by direct and circumstantial evidence)
- Jones v. State, 272 Ga. 900 (Ga. 2000) (venue and jurisdiction standards for venue proof)
- Foster v. State, 290 Ga. 599 (Ga. 2012) (trial court definitions of evidence admissibility)
- Linson v. State, 287 Ga. 881 (Ga. 2010) (analysis of trial court conduct and evidentiary rulings)
- Crawford v. State, 757 S.E.2d 102 (Ga. 2014) (accomplice corroboration standards and corroborating evidence)