Reed v. State
294 Ga. 877
Ga.2014Background
- Reed shot and killed Marlon Green in early March 2007 after a confrontation at a DeKalb County rental; Green died at the scene and Reed and co-defendant LaShawn Payne concealed the body and evidence.
- Payne testified for the State under a plea deal; her testimony and that of Green’s son, Cameron Thomas (an eyewitness), were central to the prosecution.
- Remains and personal items were recovered at the burial site Payne identified; mitochondrial DNA and family identification corroborated the victim’s identity.
- Reed was convicted of malice murder and related offenses in 2011 and sentenced to life plus additional years; he moved for a new trial and proceeded pro se on appeal.
- On appeal Reed raised multiple challenges: admissibility of Payne’s testimony about abuse/threats, variance in the indictment date, sufficiency of victim identification/corpus delicti, accomplice corroboration, limitations on court access, and ineffective assistance of trial counsel.
Issues
| Issue | Reed's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of Payne’s testimony about threats/abuse | Testimony was irrelevant and improperly put Reed’s character in issue | Testimony explained Payne’s fear and delay in reporting; relevant to witness credibility | Court: testimony admissible to explain witness’s state of mind; no abuse of discretion |
| Indictment date variance (May 21 vs. March date) | Variance defective and prejudicial; may implicate statute of limitations | Date not an essential element; proof within statute of limitations; Reed had notice | Court: variance not fatal; indictment adequate and prosecution timely |
| Victim identification / corpus delicti | State failed to definitively identify remains; corpus delicti not proven beyond reasonable doubt | Mitochondrial DNA could not be excluded; jewelry ID corroborated identity | Court: identification sufficient; corpus delicti established beyond reasonable doubt |
| Corroboration of accomplice Payne’s testimony | Payne was sole accomplice witness; testimony insufficient without corroboration | Eyewitness Thomas corroborated shooting; burial location and remains corroborated concealing-death offense | Court: accomplice testimony sufficiently corroborated by eyewitness and circumstantial evidence |
| Denial of untimely motion in arrest of judgment / access to courts | Denial improperly limited Reed’s access | Reed had ample opportunity to raise issues by counsel and pro se | Court: denial proper; no access violation |
| Ineffective assistance (failure to object to date; failure to request voluntary manslaughter instruction) | Counsel deficient for not objecting to date and for not requesting manslaughter charge | Date objection would be meritless; counsel’s strategy presumed reasonable absent testimony; no prejudice shown | Court: no deficient performance or prejudice; ineffectiveness claim fails |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (scope of sufficiency review for evidence)
- Hall v. State, 264 Ga. 85 (1994) (evidence explaining a witness’s conduct is admissible even if it incidentally casts the defendant’s character)
- Dyers v. State, 277 Ga. 859 (2004) (similar principle regarding witness-explanatory evidence)
- Roscoe v. State, 288 Ga. 775 (2011) (fatal variance where indictment fails to give adequate notice or protect against future prosecution)
- Eberhardt v. State, 257 Ga. 420 (alleged-date variance not controlling absent alibi or essential-date element)
- Benson v. State, 294 Ga. 618 (2014) (corpus delicti definition and proof)
- Edgehill v. State, 253 Ga. 343 (use of personal effects and forensic evidence to identify victim)
- Reddick v. State, 202 Ga. 209 (use of victim’s ring to establish identity and corpus delicti)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Romer v. State, 293 Ga. 339 (standards for objectively unreasonable counsel performance)
- Wesley v. State, 286 Ga. 355 (failure to make meritless objection not deficient performance)
- Davis v. State, 280 Ga. 442 (presumption of reasonable strategy when trial counsel does not testify)
- Green v. State, 291 Ga. 579 (Strickland application and review principles)