Perera v. State
295 Ga. 880
| Ga. | 2014Background
- Murder and arson of Robert Burdette were tried jointly with Emily Perera and Miguel Alma.
- Burdette found in a burning car; duct tape gag, neck injury, blunt force trauma evidence.
- Home and garage showed a violent struggle; Bleach-cleaned surfaces, blood, and stolen items found.
- Perera and Alma had prior communications and emails indicating involvement and planning; Perera’s and Alma’s devices and belongings tied to Burdette.
- Wiretap yielded limited evidence but emails and planning among Perera and Alma connected them to the crime.
- Court rejected challenges to venue, severance, and ineffective-assistance claims, affirming convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proper in Douglas County | Perera: venue not proper; death cause unsure location | State: venue appropriate under OCGA 17-2-2 | Douglas proper under OCGA 17-2-2(c) |
| Severance of Perera and Alma warranted | Perera: joint trial prejudicial due to pawned DVD evidence | State: severance not required; extensive link to Burdette | No abuse of discretion; severance denied |
| Ineffective assistance claims fail | Perera: counsel failed on multiple grounds (racist remarks, photos, suppressions, wiretap) | Perera: trial counsel deficient; prejudice shown | No deficient performance or resulting prejudice proven under Strickland |
| Alma ineffective assistance arguments | Alma: counsel failed on wiretap suppression, suppression of Perera’s evidence, defense strategy | State: counsel’s actions were reasonable and not prejudicial | Claims unpersuasive; similar rationale to Perera’s |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (proved standards for sufficiency of evidence review)
- Krause v. State, 286 Ga. 745 (2010) (severance when prejudice not shown; discretionary ruling proper)
- Wright v. State, 291 Ga. 869 (2012) (ineffective assistance review, standard of proof; deference to trial court findings)
- Robinson v. State, 277 Ga. 75 (2003) (independent review of legal principles on factual findings)
- Leslie v. State, 292 Ga. 368 (2013) (Miranda custodial interrogation standard; not present here)
- Luangkhot v. State, 292 Ga. 423 (2013) (wiretap authority; considerations for appellate counsel under evolving law)
- Rickman v. State, 277 Ga. 277 (2003) (reasonable objective standard for ineffective assistance claims)
- Brooks v. State, 281 Ga. 14 (2006) (conspiracy evidence admissibility after co-conspirators’ arrest)
- Crowder v. State, 237 Ga. 141 (1976) (conspiracy-related statements admissible against all defendants)