Prince v. State
295 Ga. 788
| Ga. | 2014Background
- Victim Vanessa Adolph was found beaten to death Dec. 16–17, 2003 near the Martin Marietta plant; autopsy showed blunt force trauma and possible strangulation.
- Items belonging to Ruth Ferebee (library card, keys) and witnesses saw a white minivan (matching Ferebee’s) near the scene around 1:30 a.m. that night.
- Ferebee told investigators she had been at appellant Geoffrey Prince’s house that night and had loaned Prince her van; Prince and Ferebee left for Florida after learning police wanted to question her.
- Search warrant executed at Prince’s Martinez home on Dec. 23, 2003 uncovered men’s pants with the victim’s blood; DNA matched Adolph.
- Prince gave a recorded statement to Investigator Peebles admitting he had been with Adolph that night and describing an altercation; he gave a substantially similar, voluntary statement to Investigator Owen during a later consent search.
- Prince was convicted of malice murder; on appeal he argued ineffective assistance (failure to move to suppress and failure to object to jury-alibi charge denial) and that the trial court erred in denying a mistrial for a prosecutor discovery violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving to suppress items seized in initial house search (signed affidavit & probable cause) | Prince: warrant affidavit unsigned in record and lacked probable cause; suppression motion would have succeeded | State: secondary evidence (unsigned affidavit copy, officer testimony, judge’s warrant language) and affidavit contents supported probable cause; motion would have failed | Court: No ineffective assistance — evidence showed affidavit was properly sworn/signed and probable cause existed; motion to suppress would not have prevailed |
| Whether counsel was ineffective for failing to object specifically to trial court’s refusal to give alibi instruction | Prince: counsel should have objected that State had not requested written alibi notice, so no requirement to give notice; thus failure to press ruling was deficient | State: issue not preserved (not raised in amended motion for new trial or at hearing); even if preserved, testimony did not provide a complete alibi so no prejudice | Court: Claim not preserved; alternatively no prejudice — alibi evidence left time window for commission of murder |
| Whether mistrial was required for prosecutor’s failure to disclose Prince’s spontaneous statement to Investigator Owen | Prince: nondisclosure of custody statement until Owen’s trial testimony warranted mistrial | State: statement was not prejudicial because it was the same in substance as the previously disclosed, recorded Peebles statement; defense got no unique surprise testimony | Court: Denial of mistrial upheld — even assuming bad faith, no prejudice or other justification for mistrial |
| Sufficiency of evidence for malice murder conviction | Prince: argued issues above; defended account that victim left alive with another man | State: physical evidence, witness sightings, and admissions supported guilt | Court: Evidence sufficient; conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance of counsel)
- Richardson v. State, 276 Ga. 548 (2003) (need strong showing that suppressed evidence would have been excluded to prevail on failure-to-move claim)
- Baptiste v. State, 288 Ga. 653 (2011) (secondary evidence and officer testimony can cure missing signed affidavits for warrant legitimacy)
- Sullivan v. State, 284 Ga. 358 (2008) (magistrate’s probable-cause determination entitled to substantial deference)
- White v. State, 293 Ga. 825 (2013) (alibi-notice error not prejudicial where alibi leaves unaccounted time for crime)
- Smiley v. State, 288 Ga. 635 (2011) (alibi failure not prejudicial when witness cannot account for critical time period)
- Tubbs v. State, 276 Ga. 751 (2003) (mistrial for discovery violation requires showing of bad faith and prejudice)
- Gore v. State, 277 Ga. App. 635 (2006) (denial of mistrial for discovery violation reviewed for abuse of discretion)