Newsome v. State
288 Ga. 647
Ga.2011Background
- Newsome charged with murder, felony murder, four armed robberies, and six aggravated assaults; convicted on all counts and appealing challenges to sufficiency, hearsay, similar‑transaction evidence, and counsel effectiveness.
- Jury found Newsome was driver of a silver Honda Accord involved in Pebble Street assault and Fletcher Street shooting resulting in Chambliss’s death.
- Bentley testified Newsome previously rode in the Accord, retrieved a handgun, and was seen with Haynes and Carter; Newsome allegedly alibi’d as with girlfriend Carswell.
- Co‑indictee Haynes testified by State’s witness; Detective Vamper testified about warrant procedures, with contested implied hearsay implications.
- State sought to admit a Bentley statement about a “shot house” robbery; court treated it as character evidence rather than a separate prior bad act.
- Newsome received two life sentences for murder and felony murder for the same victim; felony murder sentence vacated and case remanded for proper sentencing consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Newsome argues insufficient evidence to convict. | State contends evidence, including eyewitness credibility, supports guilt. | Evidence sufficient to support guilt beyond reasonable doubt. |
| Admission of Vamper testimony about warrant | If Haynes provided information for the warrant, it is hearsay error. | Testimony showed corroboration from multiple sources; not reversible error. | No reversible hearsay error; not improper reliance on Haynes as sole source. |
| Admissibility of Newsome's alleged ‘shot house’ statement as similar transaction | Statement constitutes a similar transaction admitting prior conduct. | Words alone do not constitute an independent offense; fall under character evidence. | Statement not admissible as a similar transaction; uses characterized evidence, properly admitted/ excluded. |
| Ineffective assistance of counsel (alibi witness and in-court identification) | Counsel failed to investigate alibi and object to identification. | Defendant failed to show prejudice; counsel performance presumed reasonable. | No reversible ineffectiveness; failure to prove prejudice. |
| Sentence for felony murder surplusage; remand for proper sentence | Two life sentences for one victim require separate treatment. | Felony murder conviction should be subsumed; remand to fix sentencing. | Vacate felony murder life sentence; remand for proceedings consistent with ruling. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review standard)
- Vega v. State, 285 Ga. 32 (2009) (credibility of witnesses; sufficiency of evidence)
- Edwards v. State, 282 Ga. 259 (2007) (standard for evaluating credibility and evidence)
- Boynton v. State, 197 Ga.App. 150 (1990) (similar transaction; words as evidence of prior conduct)
- Williams v. State, 261 Ga. 640 (1991) (what constitutes independent offenses or acts for similar transaction analysis)
- Smith v. State, 142 Ga.App. 1 (1977) (early discussion of ‘loose talk’ admissibility under similar transaction doctrine)
- Waters v. State, 168 Ga.App. 918 (1983) (analysis of admissibility of statements under similar transaction doctrine)