Mims v. State
304 Ga. 851
| Ga. | 2019Background
- Mims (approx. 6' tall, black woman) was convicted of malice murder and related offenses for fatally stabbing gas-station clerk Chaudhari during an armed robbery in Georgia on March 9, 2014; she was also convicted of theft by bringing a stolen vehicle into Georgia (a 2012 Kia Soul allegedly stolen in Michigan).
- Surveillance video, physical evidence (knife, gloves, duct tape with victim DNA), lottery tickets taken from the store, and possession of the Kia Soul (containing the victim’s and owner’s belongings and altered tag) tied Mims to the crime scene and to the vehicle.
- Trial counsel obtained a competency-focused evaluation (Dr. Perri); no sanity-at-time-of-offense evaluation was performed. Mims had prior mental-health incidents per family reports.
- Mims argued trial counsel was ineffective on multiple grounds (failure to pursue sanity defense/evaluation, failure to move to sever the theft count, failure to move for change of venue, failure to pursue plea negotiations).
- Trial court denied new-trial motion; on appeal the Georgia Supreme Court remanded limitedly for consideration of appellate counsel ineffectiveness. On remand the court concluded some counsel performance was deficient (failure to move to sever) but only prejudice as to the theft count; remaining ineffectiveness claims failed. Mims’s absence from the remand hearing did not violate due process.
Issues
| Issue | Plaintiff's Argument (Mims) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for theft-by-bringing-stolen-property-into-state | Evidence did not prove Mims knew the Kia Soul was stolen; owner described thief as a white male | Evidence showed Mims had the Kia, Michigan documents, owner's belongings, altered tag, and had moved to Georgia in that car — jury could infer knowledge | Conviction for theft was supported by sufficient evidence (but close) |
| Ineffective assistance – failure to move to sever theft count from murder counts | Joinder was prejudicial because theft (different state, different victim, different conduct) was not similar and unfairly tainted jury | Joinder was permissible because possession of the Kia was relevant to identity; no single-scheme relationship required | Counsel was deficient for failing to move to sever; prejudice found as to the theft count (reversed for retrial possible), but not to murder convictions |
| Ineffective assistance – failure to pursue sanity defense / obtain sanity expert | Counsel failed to obtain sanity evaluation or present expert evidence of mental illness at time of offense | Counsel relied on competency evaluation, consulted evaluator, concluded insanity defense unsupported; no expert or proof of insanity at time of offense was produced | No prejudice shown; claim fails (lack of expert evidence to show different outcome) |
| Right to be present at remand hearing / due process | Mims argued her presence was necessary to support ineffectiveness claims and fairness of hearing | Court: presence required only if absence would thwart a fair hearing; Mims’s proffer lacked expert proof and did not change prejudice analysis | No due process violation; denial of presence harmless because proffer did not cure evidentiary gaps |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes legal-sufficiency standard reviewing evidence in light most favorable to verdict)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance: deficient performance and prejudice)
- Harrell v. State, 297 Ga. 884 (joinder/severance analysis for multiple offenses)
- United States v. Gagnon, 470 U.S. 522 (defendant’s presence required only to the extent absence thwarts a fair hearing)
- Lafler v. Cooper, 566 U.S. 156 (standards for prejudice in plea-negotiation ineffectiveness claims)