Lynch v. State
291 Ga. 555
| Ga. | 2012Background
- On Oct. 22, 2008, Marcus Givens was found in an alley with multiple gunshot wounds and later died.
- Givens identified his assailant as Reggie Lynch multiple times at the scene.
- The day before, Lynch and Givens argued and Lynch allegedly threatened to kill him.
- Witnesses testified Givens said, or others heard, that Lynch shot him and Lynch was seen in a white truck leaving the scene.
- Lynch was convicted of malice murder, felony murder, and two firearm counts after a second trial; the felony murder conviction was vacated by operation of law; sentence followed for the remaining counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence including dying declaration | Lynch argues the dying declaration is circumstantial evidence. | State contends the dying declaration is direct evidence. | Evidence supports conviction; dying declaration is direct evidence. |
| Failure to request OCGA § 24-9-85(b) charge | Lynch claims prejudice from not giving the § 24-9-85(b) charge. | Trial court charge on impeachment/credibility suffices; lack of charge harmless. | No reversible error; failure deemed harmless. |
| Failure to object to Detective Tobars’ testimony about Davis’s statements | Lynch asserts improper foundation for out-of-court statement testimony. | Objection not shown to prejudice; Davis had already testified to threats. | No prejudice; ineffective assistance not proven. |
| Failure to object to alibi rebuttal witness where not listed under OCGA § 17-16-5(b) | Trial counsel should have objected to unrevealed rebuttal witness. | No bad-faith concealment shown; no basis to exclude under § 17-16-6. | No prejudice; trial counsel not ineffective. |
| Impeachment strategy—dying victim’s credibility vs. other impeachment | Lynch argues trial strategy failed to attack credibility. | Counsel chose a reasonable strategy to avoid risk from attacking credibility. | Strategy reasonable; no ineffective assistance. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for direct evidence vs. circumstantial evidence)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (deficient performance and prejudice standard for ineffective assistance)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (independent review of facts; credibility determinations)
- Evans v. State, 209 Ga. App. 340 (Ga. App. 1993) (harmless error standard for failure to request specific charge)
- Springs v. Seese, 274 Ga. 659 (Ga. 2002) (jury instructions and misidentification considerations)
- Lytle v. State, 290 Ga. 177 (Ga. 2011) (Strickland standard applied to ineffective assistance issues)