Newkirk v. State
290 Ga. 581
Ga.2012Background
- Newkirk was convicted of felony murder, armed robbery, and firearm possession in connection with Patel's death.
- Gibson, Haynes, Johnson, and Grant were involved in driving Newkirk to the Kwik Way; Patel was shot during the robbery.
- Maxwell witnessed two men flee in a Montero; one man carried a cash register, another cigarettes.
- Police recovered the cash register, the murder weapon, and related items near the Montero and the store; Patel died from a gunshot wound.
- Newkirk was arrested after officers observed him with a bulky object; he dropped it and attempted to flee.
- At trial, Haynes testified that Newkirk instructed Gibson to shoot; defense presented Grant’s prior-trial testimony to challenge Gibson’s account.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effectiveness of counsel on bifurcation | Newkirk argues trial counsel failed to seek bifurcation. | Newkirk contends bifurcation was necessary to protect rights. | No reversible error; strategy supported by record. |
| Effectiveness of counsel on redaction of Grant testimony | Newkirk alleges counsel should have redacted bad-character evidence. | Newkirk argues failure affected outcome. | No prejudice shown; no reasonable probability of different result. |
| Due process and bench admonition | Newkirk asserts bench admonition tainted jury impartially. | Newkirk claims jurors heard the admonition. | No demonstrated juror awareness or prejudice; no due process violation. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence review)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective assistance standard)
- Herring v. State, 277 Ga. 317 (Ga. 2003) (no need for limiting instruction when no prior felonies proven)
- Wright v. State, 285 Ga. 428 (Ga. 2009) (ineffective-assistance claim requires proffered failure to redact)
- Smith v. State, 284 Ga. 304 (Ga. 2008) (no mistrial needed absent juror hearing of bench conference)
- Williams v. State, 218 Ga. App. 571 (Ga. App. 1995) (no due process violation when bench admonished counsel outside jury hearing)
- Gibson v. State, 288 Ga. 617 (Ga. 2011) (referenced for prior trial testimony context)