Phillips v. State
293 Ga. 756
Ga.2013Background
- Phillips was convicted after a jury trial of malice murder, two counts of felony murder, aggravated assault, and weapons offenses in connection with Bateman's death.
- On appeal Phillips alleges ineffective assistance of trial counsel for failing to object to the admission of State's Exhibit 13, a 2003 conviction used to prove probation status for Count 6.
- Exhibit 13 did not on its face prove Phillips was on probation at the time of the February 8, 2007 shooting, but the trial court vacated the Count 6 conviction due to this deficiency.
- There was overwhelming evidence of guilt on the other counts, supporting the verdict beyond a reasonable doubt.
- The appellate court held that any failure to object to Exhibit 13 did not prejudice Phillips because the Count 6 conviction was vacated and the remaining evidence sustained the verdict.
- Phillips' sentence, subsequent motions, and the procedural posture on appeal culminated in the Georgia Supreme Court affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to object to Exhibit 13 | Phillips asserts lack of sufficient information in Exhibit 13 to establish probation. | State contends the issue is moot given the Count 6 conviction was vacated and evidence supported the verdict anyway. | No prejudice; affirmed |
| Whether admission of Exhibit 13 violated due process or evidence rules | Exhibit 13 was improper character evidence lacking probative value of guilt for Count 6. | Exhibit 13's defect did not alter the outcome since the Count 6 conviction was vacated and other counts supported guilt. | Not reversible error; no prejudice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of the evidence standard for conviction)
- Haynes v. State, 234 Ga. App. 272 (Ga. App. 1998) (ineffective assistance where evidence issue moot due to disposition)
- Fuller v. State, 277 Ga. 505 (Ga. 2004) (necessity to show both deficient performance and actual prejudice)
- Washington v. State, 285 Ga. 541 (Ga. 2009) (prejudice analysis in sufficiency of other evidence)