Reid v. the State
341 Ga. App. 604
| Ga. Ct. App. | 2017Background
- Victim picked up by Reid while walking; he drove to an abandoned house, displayed a handgun, forced oral sex and rape, tied her with wire and tape, and later threw her through an upstairs window causing serious injury; she escaped to a neighbor’s house and was taken to the hospital.
- Police responded, found physical evidence at the scene (blood, broken window, braids), traced texts to Reid, obtained photo array identification by the victim, and arrested Reid; officers found a handgun, blood-stained items, speaker wire, and a missing passenger-side door handle in Reid’s impounded car.
- Reid gave a custodial statement admitting he picked up the victim intending to force prostitution, had sex with her while armed, and restrained her, but denied some acts (rape, throwing her out window); at trial he claimed coercion by a pimp named “Mike” or that Mike framed him.
- Jury convicted Reid of rape, aggravated sodomy, kidnapping, false imprisonment, aggravated assault, and possession of a firearm during the commission of a felony; Reid’s motion for new trial was denied.
- On appeal Reid raised multiple evidentiary, jury-charge, oath-formalities, prosecutorial-comment, and ineffective-assistance claims; the Court of Appeals reviewed for abuse of discretion and Strickland prejudice where applicable and affirmed.
Issues
| Issue | Reid's Argument | State's Argument | Held |
|---|---|---|---|
| Admission of victim’s statement that she reported because Reid would hurt others (future dangerousness) | Statement was inadmissible as evidence of future dangerousness | No objection at trial on that ground; trial law at the time bars unpreserved evidentiary review | Waived for failure to object; not reviewable on appeal |
| Admission of victim-impact evidence (life changed since assault) | Testimony was improper victim-impact evidence at guilt stage and required notice | No contemporaneous objection below | Waived for failure to object |
| Officer’s reference to "violent felons" (bad character) | Phrase improperly labeled Reid and was prejudicial | Context showed fugitive unit handles violent offenders and only reasonable inference tied to charges here | Not erroneous — when read in context it was neither false nor unfairly prejudicial |
| Officer’s testimony suggesting Reid didn’t speak / Miranda issue | Improper comment on right to remain silent warranting mistrial | Statement was narrative about arrest circumstances, not targeted at defendant’s defense; objection was sustained and mistrial discretionary | No abuse of discretion denying mistrial; comment not sufficiently prejudicial |
| Court interruption re: hearsay during Reid’s testimony; alleged judicial comment on credibility | Court’s hearsay prompt biased courtroom and curtailed testimony supporting coercion defense | Judge acted to control testimony and admitted relevant hearsay as to coercion; gave neutralizing instruction | No reversible error; judge did not express opinion on guilt and Reid could present defense |
| Failure to give requested coercion jury charge | Coercion instruction necessary because it was Reid’s defense | Evidence did not show present, imminent threat or that acts were compelled; coercion instruction not supported by evidence | No error in refusing instruction; not supported by record |
| Swearing of witnesses not done in jury’s presence / failure to tell jury witnesses were sworn | Oath formality error; prejudicial | All witnesses were duly sworn in the record; failure to object waived issue | Waived for failure to object; no rule requiring oath to be given in jury’s view |
| Ineffective assistance for various omissions (investigation, suppression motions, objections) | Counsel failed to interview witnesses, move to suppress, object to evidence or instructions | Many motions would have been meritless; no prejudice shown given overwhelming evidence; some claims waived for not raised timely | Strickland not satisfied — counsel performance not shown deficient or prejudicial; several claims waived or futile |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
- Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warning principles)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance two-prong test)
- Whitaker v. State, 283 Ga. 521 (2008) (comments on silence evaluated in context; mistrial discretion)
- Pyatt v. State, 298 Ga. 742 (2016) (failure to contemporaneously object waives evidentiary claims under pre-2013 law)
- Montes v. State, 262 Ga. 473 (1992) (failure to object to unsworn testimony waives the issue on appeal)