Perkins v. State
313 Ga. 885
Ga.2022Background
- On Jan. 26, 2014 Randy Menefee was shot and killed during a masked, armed home invasion at Chekella Glover’s apartment; multiple shell casings from at least three firearms were recovered.
- Andreas Perkins and three co‑defendants were indicted on multiple counts including malice murder, felony murder, armed robbery, aggravated assaults, first‑degree burglary (dwelling of Menefee), and possession of a firearm during a felony.
- After a mistrial in the first joint trial, a second jury convicted Perkins (and Chandler) on the remaining counts; Perkins received life for malice murder plus additional terms.
- Key evidence: eyewitness identifications (photographic lineups and in‑court ID), witness testimony that four masked men ran from the scene and later removed masks revealing Perkins among them, social‑media/vigil photographs, and post‑arrest statements by Perkins and Chandler admitting they entered the apartment after the shooting.
- On appeal Perkins raised four main claims: insufficiency of evidence for burglary and two aggravated assaults; denial of mistrial after a witness mentioned a “gang” (and the trial court’s curative instruction); erroneous admission of five vigil photographs argued to imply gang affiliation; and ineffective assistance for not requesting two pattern jury instructions.
Issues
| Issue | Perkins' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault of Glover and J.R. | No evidence Perkins possessed or fired a handgun; proof did not show shots were fired at or toward those victims by Perkins | Jury could infer the fleeing gunmen fired into/apartment and Perkins was part of the four‑man group that committed the assault | Affirmed — viewed in favor of verdict, evidence sufficient to convict Perkins as party to assaults |
| Sufficiency of evidence for 1st‑degree burglary (dwelling) | Apartment was not Menefee’s dwelling and entry was authorized because Glover opened door | Menefee was staying/sleeping there; jury could infer dwelling status and that Glover unwittingly opened door to masked, armed intruders (no authority) | Affirmed — evidence supported finding apartment was Menefee’s dwelling and entry was without authority |
| Denial of mistrial after witness mentioned “gang” (and court’s curative instruction) | Single reference was highly prejudicial; only cure was mistrial because curative instruction itself repeated “gang” | Reference was inadvertent, limited, did not link defendants by name; court promptly struck it and gave a strong curative instruction | Affirmed — trial court did not abuse discretion; curative instruction sufficient and juries presumed to follow it |
| Admission of five vigil/social‑media photographs (alleged gang implication) | Photos (red clothing, hand gestures, "SMM", RIP pants) highly prejudicial and suggested gang affiliation under Rules 403/404(b) | Photos were intrinsic, probative (one showed Perkins with a rifle), State did not argue gang meaning, curative instruction mitigated prejudice | Affirmed — admission not an abuse of discretion as to Perkins’ photo; any error in admitting others was harmless given independent strong evidence |
| Ineffective assistance for failing to request witness‑leniency and accomplice‑corroboration instructions | Trial counsel should have requested Pattern Instructions on witness leniency and accomplice corroboration | Court adequately instructed on witness credibility; strategic decision not to request accomplice charge was reasonable given weak basis; Perkins not prejudiced | Affirmed — no deficient performance or resulting prejudice under Strickland; cumulative‑error claim fails |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for review of sufficiency of the evidence under due process)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance of counsel)
- Jones v. State, 304 Ga. 594 (Ga. 2018) (sufficiency review and view‑most‑favorable standard)
- Broxton v. State, 306 Ga. 127 (Ga. 2019) (party‑to‑a‑crime liability where multiple gunmen shot victims)
- Thomas v. State, 292 Ga. 429 (Ga. 2013) (opening door to a knock does not ipso facto authorize strangers to enter; burglary "without authority")
- Rosser v. State, 308 Ga. 597 (Ga. 2020) (presumption that juries follow curative instructions)
- Lee v. State, 306 Ga. 663 (Ga. 2019) (trial court may cure prejudice by adequate curative instruction)
- Lofton v. State, 309 Ga. 349 (Ga. 2020) (admission of social‑media photos can be intrinsic and harmless where independent evidence of guilt is strong)
- Cook v. State, 312 Ga. 299 (Ga. 2021) (harmless‑error standard for nonconstitutional errors)
- Kirby v. State, 304 Ga. 472 (Ga. 2018) (de novo harmless‑error review and weighing evidence as jurors would)
- Gialenios v. State, 310 Ga. 869 (Ga. 2021) (social‑media images admitted as intrinsic evidence)