Peoples v. State
295 Ga. 44
Ga.2014Background
- October 15, 2002: a nighttime home invasion at the McClure residence resulted in J.R. Morrow’s death and wounds to his father, James Morrow; Appellant Kevin Peoples was tried as a participant.
- Co-defendants and cooperating witnesses (Little, Brown, Byron Peoples) gave statements implicating Peoples; eyewitness Mr. Morrow identified persons on the porch consistent with Peoples and another man (Little).
- Physical and circumstantial proof tied Peoples to the scene: phone records, flight to Texas in Peoples’ car, .25-caliber Remington shell casings and an empty Remington ammo tray found under Peoples’ bed, and testimony from Peoples’ jail cellmate and girlfriend about false alibi requests.
- The State introduced evidence of an unrelated Buckhead armed robbery (10 days earlier) showing stolen property from a Buckhead victim found in Peoples’ bedroom and a .25-caliber shell casing at that scene; ballistics linked that casing to casings from the McClure scene.
- Peoples was convicted of felony murder, kidnapping with bodily injury, aggravated assault/battery and related charges; he appealed raising sufficiency (kidnapping), admission of co-conspirator hearsay, admission of prior-bad-act (Buckhead) evidence without Rule 31 notice/hearing, prosecutorial misconduct during closings, and ineffective assistance for not objecting.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Peoples) | Held |
|---|---|---|---|
| Sufficiency of kidnapping (asportation) | Movement into bathroom/forced control during robbery supports kidnapping with bodily injury | Movement was brief and not substantial enough to constitute kidnapping asportation | Affirmed — applying Garza factors the movement satisfied asportation when considered together |
| Admission of pre-conspiracy statements (co-conspirator hearsay) | Brown’s statements to Collins about the planned robbery were admissible under the co-conspirator exception to show motive/plan | Statements were made before conspiracy formation and thus inadmissible | Affirmed — under prior Georgia law (Knight) such pre-formation declarations admissible as within the “pendency” concept |
| Admission of Buckhead prior-robbery evidence without USCR 31 notice/hearing | Evidence was offered to prove identity (link to same gun) and was sufficiently connected to be admissible | Admission violated Rules 31.1/31.3 (no timely notice, no 31.3(B) hearing) and was unduly prejudicial | Error to admit the evidence, but harmless — conviction affirmed because other evidence of guilt was overwhelming |
| Prosecutor addressing jurors by name / demonstration / golden-rule concerns | Remarks/illustration were permissible incidental rhetorical points about evidence and not a golden-rule appeal | Remarks singled out jurors, risked unfair prejudice and impropriety | Not reversible — no contemporaneous objection to some remarks; court exercised discretion and did not find a golden-rule violation |
| Ineffective assistance for failure to object during closing | Failure to object to prosecutor’s juror references and community-reflection argument | Counsel’s choices were strategic; objection risked credibility and the comments were not plainly improper | Denied — appellant failed to show deficient performance causing prejudice under Strickland |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence)
- Garza v. State, 284 Ga. 696 (Ga. 2008) (four-factor test for asportation in kidnapping convictions)
- Knight v. State, 239 Ga. 594 (Ga. 1977) (broader former co-conspirator hearsay rule allowing pre-formation statements)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (requirements for admitting independent-offense evidence and the necessary Rule 31.3 findings)
- Ragan v. State, 264 Ga. 190 (Ga. 1994) (notice requirements under Rule 31 and reversal where State failed to provide notice and make required showings)