Lowe v. State
295 Ga. 623
| Ga. | 2014Background
- Victim Dajohn Milton was shot multiple times and died; witnesses saw a shooter and someone standing over him; Milton called a phone associated with Lowe just before the shooting.
- Lowe’s cell phone was found at the scene and received the call placed from Milton’s friend minutes before the shooting; two women asked police whether the victim was Trey Dinkins (an alias) at the scene.
- Two men fled toward a mobile home park, were seen disposing of clothing, and later a white car with a dent was observed; police recovered a .380 pistol (the murder weapon) and a .38 revolver wrapped in a white T‑shirt near that area.
- After the shooting, Lowe and Trey Dinkins were together; Dinkins called for a ride and told a friend he "had just gotten into it." Lowe was arrested nine days later hiding in a closet; two cell phones were in the bedroom.
- Jailhouse witness Blaine Arnold testified Lowe confessed: he and Dinkins set up a drug deal intended as a robbery, Dinkins shot Milton with a .380, and Lowe later shot Milton again; they hid the guns afterward. Lowe contested witness credibility and argued insufficient evidence and Fourth Amendment and ineffective-assistance claims.
Issues
| Issue | Lowe's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for malice murder and firearm possession | Evidence was circumstantial; no eyewitness identified Lowe; insufficient to prove guilt beyond reasonable doubt | Circumstantial evidence (phone records, presence with Dinkins, cell phone at scene, post-shooting conduct, confession to Arnold) supported conviction | Evidence sufficient; jury could reasonably infer Lowe’s participation and guilt (Jackson standard) |
| Admissibility of bullet casings/projectiles | Chain of custody incomplete because the sealing envelopes were prepared by an absent witness | Testimony sufficiently established the items were collected, boxed, marked, and not tampered with; missing testimony about intermediate handlers does not automatically render evidence inadmissible | Trial court did not err; State met the required showing of identity and lack of tampering |
| Motion to suppress handgun seized from arrest-location | Search and seizure violated Fourth Amendment; evidence should be suppressed | State challenged Lowe’s standing to contest the search and argued Lowe did not show he had standing | Suppression properly denied because Lowe failed to meet his burden to show standing to challenge the search |
| Ineffective assistance of counsel | Counsel failed to communicate, did not interview witnesses (e.g., Arnold), and talked Lowe out of testifying | Counsel met professional standards; decisions were reasonable strategic choices, and Lowe did not show prejudice or what testimony/evidence would have changed the outcome | Claim rejected: performance not shown deficient and/or prejudice not demonstrated under Strickland |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two‑prong test)
- Moore v. State, 285 Ga. 157 (chain-of-custody standard for physical evidence)
- Collins v. State, 290 Ga. 505 (absence of every custodian’s testimony does not automatically render evidence inadmissible)
- Heidt v. State, 292 Ga. 343 (appellate deference to jury credibility findings)
- Daniels v. State, 281 Ga. 226 (circumstantial evidence and jury determinations)
- Jones v. State, 292 Ga. 656 (party liability versus mere presence)
- Rush v. State, 294 Ga. 388 (inferences from presence, companionship, conduct before and after offense)
- Stinski v. State, 281 Ga. 783 (burden when standing to challenge a search is contested)
- Robinson v. State, 277 Ga. 75 (appellate review of ineffective-assistance: accept trial court’s factual findings)
- Smith v. Francis, 253 Ga. 782 (presumption of reasonable professional conduct for counsel)
- Harris v. State, 279 Ga. 304 (no fixed amount of attorney-client conference time required)
- Ruffin v. State, 283 Ga. 87 (speculation about unelicited evidence insufficient to show prejudice)
- Reaves v. State, 292 Ga. 545 (failure to show that additional witness interviews would have changed outcome)
- Sims v. State, 278 Ga. 587 (defendant must show what his trial testimony would have been and how it would have affected outcome)
- Malcolm v. State, 263 Ga. 369 (merger and sentencing principles applied to convictions)