Powell v. State
291 Ga. 743
| Ga. | 2012Background
- Powell was convicted in Fulton County of malice murder and possession of a firearm during the commission of a crime.
- Evidence showed Walton, Powell, and Shockley in a car; Walton was shot at close range and died.
- Powell initially denied involvement, later admitted to meeting Walton and being in the car; trial testimony placed him with Shockley.
- The defense argued Powell did not directly fire the fatal shot and was not a party to the crime.
- Prosecutor argued Powell and Shockley shared a common criminal plan; Powell’s statements to investigators were repeatedly false.
- On appeal, Powell challenged sufficiency of evidence, prosecutorial remarks in closing, and alleged constructive amendment of the indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Powell claims no proof he fired or aided the fatal shot. | State contends Powell was a party to the crime through common scheme and presence. | Evidence supports party to the crime beyond reasonable doubt. |
| Prosecutor's closing remarks | Remarks imply government prosecutes only guilty persons; improper. | Remarks were invited response to defense arguments; context mitigates harm. | Imprudent but not reversible; context and invited response negate prejudice. |
| Ineffective assistance for failure to object | Counsel's failure to object prejudiced Powell. | Response to defense remarks; objection would have yielded little benefit; strategy concerns. | No ineffective assistance; failure to object not prejudicial under Strickland. |
| Constructive amendment of indictment | Indictment improperly amended by trial conduct invoking robbery motive. | Any amendments were moot due to merger/vacatur of counts. | Issue moot; no reversible error. |
Key Cases Cited
- Walsh v. State, 269 Ga. 427 (1998) (party liability principles for non-direct perpetrators)
- Brown v. State, 288 Ga. 902 (2011) (presence and conduct infer participation in criminal intent)
- Hill v. State, 281 Ga. 795 (2007) (inference of participation from conduct before/after offense)
- United States v. Stefan, 784 F.2d 1093 (11th Cir. 1986) (prosecutorial remarks and invited response considerations)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; objective reasonableness)