Pugh v. State
323 Ga. App. 31
Ga. Ct. App.2013Background
- Brandon Sanchez Pugh was convicted at trial on three counts of armed robbery and two counts of giving false statements to law enforcement; the false-statement convictions were vacated by the trial court in the new-trial ruling.
- Bank tellers were robbed at gunpoint by two masked men who used a white Cadillac Seville seen leaving the scene; red dye packs were involved and money was recovered.
- A white Cadillac Seville, linked to Pugh via registration and dye-stain evidence, was found at the Efficiency Lodge; Pugh’s checkbook and red stains supported involvement.
- Investigators learned of a neighbor’s statement contradicting Pugh’s account; Pugh was questioned at the airport police office, not under arrest, with no Miranda warnings given.
- Pugh challenged trial counsel’s impeachment of a key witness with an inconsistent statement and argued counsel should have moved to suppress in-custody statements; the court affirmed the convictions, ruling no ineffective assistance or suppression error established.
- The court affirmed, noting substantial evidence of Pugh’s guilt beyond the impeached testimony and holding that the challenged statements were not suppressible under custody, given the interview circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to impeach a witness | Pugh | State | No prejudice from impeachment failure; not likely to change outcome. |
| Ineffective assistance for failure to file suppression motion | Pugh | State | Not entitled to suppression; not in custody; motion meritless. |
Key Cases Cited
- Handley v. State, 289 Ga. 786 (Ga. 2011) (Strickland standard applied to ineffective assistance of counsel)
- Bruce v. State, 252 Ga. App. 494 (Ga. App. 2001) (two-prong Strickland test; prejudice focus)
- Taylor v. State, 282 Ga. 693 (Ga. 2007) (prejudice requires reasonable probability of different outcome)
- Williams v. State, 312 Ga. App. 693 (Ga. App. 2011) (impeachment failure not prejudicial where other evidence supports guilt)
- Mosely v. State, 269 Ga. 17 (Ga. 1998) (no custodial Miranda warning where investigation is general and suspect not in custody)
- Tobias v. State, 319 Ga. App. 320 (Ga. App. 2012) (custody determination with officer belief of probable arrest does not trigger Miranda)
- DiMauro v. State, 310 Ga. App. 526 (Ga. App. 2011) (custody determination is mixed question of law and fact; deference to trial court)
- Rivers v. State, 283 Ga. 1 (Ga. 2008) (require strong showing that damaging evidence would be suppressed)
- Banks v. State, 244 Ga. App. 191 (Ga. App. 2000) (failure to pursue meritless motion not ineffective assistance)