Mosley v. State
295 Ga. 123
Ga.2014Background
- On June 28, 2011, Larocca and friends went to meet Mosley and Davis to buy Xanax, which was a plan to rob him.
- Mosley and Davis discovered money in Larocca's wallet, became upset, and Mosley shot Larocca twice, fatally in the chest.
- After the shooting, Mosley fled to a carwash, used a coworker's phone to contact Baldwin, and left in Baldwin's car with Davis.
- Video surveillance captured Mosley at the carwash and later with Baldwin; Mosley then hid at a cousin’s house and confessed to shooting the victim, sometimes shifting who actually did the shooting in statements.
- A Gwinnett jury found Mosley guilty of malice murder and armed robbery among other counts; the trial court sentenced Mosley to life without parole and additional years, with some convictions merged.
- Mosley raised an ineffective-assistance claim, asserting trial counsel failed to object to a closing argument later deemed a potential 'golden rule' violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to support the convictions? | Mosley argues the evidence does not prove guilt beyond a reasonable doubt. | State contends the record shows substantial, legally sufficient proof of guilt. | Yes; substantial evidence supports guilt beyond a reasonable doubt. |
| Did trial counsel's failure to object to the closing argument constitute ineffective assistance? | Mosley claims counsel erred by not objecting to a 'golden rule' exhortation. | State contends any deficient objection would not have changed outcome because of overwhelming evidence and proper jury instructions. | No Strickland prejudice; even if deficient, outcome not likely to differ due to strong evidence and court's instructions. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)
- Young v. State, 292 Ga. 443 (Ga. 2013) (heavy burden for ineffective-assistance claims)
- Rice v. State, 292 Ga. 191 (Ga. 2012) (prejudice inquiry in ineffective-assistance claims)
- Ellington v. State, 292 Ga. 109 (Ga. 2012) (golden-rule argument prohibited; impact on prejudice depends on context)