Oliver v. State
305 Ga. 678
Ga.2019Background
- On June 26, 2014, Johnie Oliver shot Rayonte Weems (killing him) and shot two others; Weems arrived to sell marijuana and was unarmed when Oliver shot him multiple times.
- Oliver bragged about the shooting afterward and attempted to solicit an inmate as an alibi after arrest.
- A DeKalb County grand jury indicted Oliver on multiple counts, including malice murder and aggravated assault; he was convicted at a May 2016 trial and sentenced to life without parole plus additional consecutive and concurrent terms.
- Oliver filed a motion for new trial and later obtained an out-of-time appeal; he appealed arguing the trial court erred by failing to hold a Faretta hearing after he invoked self-representation.
- The appeal turned on whether Oliver unequivocally asserted his right to represent himself such that the trial court was required to conduct the Faretta colloquy.
Issues
| Issue | Oliver's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to hold a Faretta hearing after an alleged invocation of self-representation | Oliver contends his pro se petition entitled "Petition To: Dismiss and Re-appoint Indigent Counsel," which asked to "act upon my own behalf [Pro Se]," amounted to an unequivocal invocation of the right to self-representation | The State argues the petition requested new or replacement counsel, not unequivocal self-representation; Oliver proceeded to trial with counsel and did not contemporaneously assert Faretta | Court held Oliver never unequivocally asserted the right; no Faretta hearing required and conviction affirmed |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (recognition of the constitutional right to self-representation and requirement of an unequivocal assertion followed by a colloquy)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing legal sufficiency of the evidence)
- McKaskle v. Wiggins, 465 U.S. 168 (participation by counsel consistent with defendant control over defense; structural-error context for Faretta violations)
- Wiggins v. State, 298 Ga. 366 (Georgia application of Faretta principles; waiver/colloquy requirements)