Powell v. State
297 Ga. 352
| Ga. | 2015Background
- William and Sharmilla Powell were jointly tried and convicted for crimes arising from a November 13, 2007 home invasion: the death of Jesse Evans (felony murder) and armed robberies of Geno Evans and Antonio Cunningham; both received life sentences for felony murder and consecutive life for armed robbery.
- Evidence at trial: William entered Geno’s home armed with a rifle, Donovan Scott (William’s uncle) entered with an assault rifle and Halloween mask, victims were ordered to the ground, shots were fired through the door killing Jesse Evans and Scott, Geno and Cunningham were wounded, Sharmilla allegedly shot at Geno as he fled, and appellants were later arrested in Washington, D.C.
- Sharmilla testified she was at home with children that night, that William sometimes sold drugs, that she purchased the guns, and that the family later left for an anniversary trip (hotel stop claimed).
- Procedural posture: Indictments charged both with two counts of felony murder and two counts of armed robbery; some counts were dismissed pretrial (e.g., felony murder as to Scott eventually redacted; certain aggravated-assault counts dismissed as to Sharmilla). Appellants’ post-trial motions and amended motions were denied; appeals followed.
- The Georgia Supreme Court reviewed sufficiency of the evidence, venue change denial, jury composition/racial-bias complaint (no Batson raised below), a claimed prosecutor colloquy error (waived by failure to object), and Sharmilla’s ineffective assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for William’s felony murder and aggravated assault convictions | William: no proof his bullets wounded Jesse; ballistic testimony unreliable | State: eyewitnesses placed William shooting through the door; physical evidence of shots from inside to outside | Convictions upheld; evidence sufficient under Jackson v. Virginia standard |
| Sufficiency for armed robbery convictions | William: witness conflicts and impeachment undermine verdict | State: jurors decide credibility; conflicts resolved against defendants | Convictions upheld; appellate court won’t reweigh credibility |
| Denial of change of venue due to pretrial publicity and juror familiarity with victim | Appellants: publicity and juror knowledge made fair trial impossible | State: court conducted voir dire; impaneled jurors said they could be impartial; dismissals for cause occurred | Denial affirmed; appellants failed to show inherent prejudice or actual prejudice rendering trial impossible |
| Jury racial composition / Batson concerns | Appellants: jury all Caucasian while defendants are African-American, so jury was not impartial | State: no Batson challenge or objection raised at trial (issue waived) | Waived on appeal; alternative publicity-based impartiality claim rejected on merits |
| Sharmilla’s ineffective assistance of counsel claims | Sharmilla: counsel failed to seek change of venue, sever, object to redacted indictment going to jury, call witnesses or introduce hotel receipts/marriage certificate | State: counsel pursued some motions, made reasonable strategy choices, and Sharmilla failed to proffer omitted evidence at new-trial hearing to show prejudice | Claims rejected: performance not deficient or no prejudice shown; strategic choices reasonable |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for assessing sufficiency of the evidence)
- Grissom v. State, 296 Ga. 406 (2015) (party liability and sufficiency principles)
- Dixon v. State, 294 Ga. 40 (2013) (appellate deference to jury credibility determinations)
- Selvidge v. State, 252 Ga. 243 (1984) (juror conflict-resolution principles)
- Walden v. State, 289 Ga. 845 (2011) (change-of-venue standards; inherent prejudice vs. actual prejudice)
- Chancey v. State, 256 Ga. 415 (1986) (pretrial publicity: jurors’ ability to set aside prior knowledge is key)
- Gear v. State, 288 Ga. 500 (2011) (trial court discretion on venue and jury impartiality)
- Lyons v. State, 271 Ga. 639 (1999) (Batson issue waiver when not raised below)
- Johnson v. State, 293 Ga. 641 (2013) (procedural waiver for failure to object at trial)
- Pruitt v. State, 282 Ga. 30 (2007) (Strickland two-prong standard applied in Georgia)
- Wright v. State, 291 Ga. 869 (2012) (no need to address both Strickland prongs if one fails)
- Harris v. State, 279 Ga. 522 (2005) (strategic trial decisions do not establish ineffective assistance)
- Miller v. State, 295 Ga. 769 (2014) (need to proffer omitted evidence at new-trial hearing to show prejudice)
- Barge v. State, 294 Ga. 567 (2014) (same principle on proffer and prejudice)
- Batson v. Kentucky, 476 U.S. 79 (1986) (framework for race-based peremptory strike challenges)