Rich v. State
307 Ga. 757
| Ga. | 2020Background
- On March 23, 2014, Rich, with co-defendants Justin Dixon and Conswilla Mayo, planned and executed an armed robbery of a card game at the Downs residence; Rich wore a skull mask and carried a .40 cal handgun.
- During the robbery, Sylvester Downs aimed a rifle at Rich; Rich fired, killing Downs. Rich forced Taquoya Rogers at gunpoint into the card room, made her open the back door, and pushed her to the floor.
- Dixon and Mayo testified (pursuant to immunity) that Rich was the masked gunman; phone and witness evidence corroborated movements and coordination.
- Indictment: felony murder (predicated on armed robbery), multiple armed robbery counts, and kidnapping counts; some counts were later the subject of directed verdicts or merger.
- Jury convicted Rich of felony murder and one kidnapping count; trial court sentenced him to life without parole for felony murder and 20 years for kidnapping (concurrent). Rich appealed and moved for a new trial (denied).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — felony murder | Rich: testimony confused identity of shooter; no physical evidence ties him to the killing so evidence insufficient. | State: testimony of Dixon and Mayo, plus circumstantial proof and party-to-a-crime theory, sufficed. | Affirmed — evidence sufficient; jury could find Rich guilty as a party to felony murder. |
| Sufficiency — kidnapping (asportation) | Rich: any movement of Rogers was incidental to the robbery and thus not kidnapping. | State: forced movement concealed/isolated victim, facilitated the robbery, and decreased detection risk. | Affirmed — movement met non-incidental factors (made robbery easier; lessened detection). |
| 13th-juror/new-trial review (OCGA § 5-5-21) | Rich: verdicts were against the weight of the evidence given lack of physical proof and impeached witnesses. | State: weight-of-evidence review defers to jury; Jackson standard governs appellate review of such denials. | Affirmed — trial court did not abuse discretion; Jackson standard shows sufficient evidence. |
| Ineffective assistance — failure to object to State’s closing reference to 404(b) juvenile adjudication | Rich: counsel should have objected to the prosecutor’s closing remark referencing victim scars and past adjudication. | State: counsel may have strategically declined to object; the mention was brief and subject to limiting instructions. | Affirmed — no showing that no competent lawyer would decline to object; deficiency not established, so claim fails. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes the sufficiency-of-the-evidence standard for due process review)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance: deficiency and prejudice)
- McGruder v. State, 303 Ga. 588 (deference to jury on credibility and reasonable inferences)
- Plez v. State, 300 Ga. 505 (no particular type of evidence required to prove guilt)
- Johnson v. State, 296 Ga. 504 (single witness testimony can suffice to establish a fact)
- Handley v. State, 289 Ga. 786 (admission that witness testified under immunity does not, by itself, make evidence insufficient)
- Dent v. State, 303 Ga. 110 (Jackson standard applies when reviewing denial of new trial as thirteenth juror)
- Romer v. State, 293 Ga. 339 (standards for assessing counsel performance)
- Maxwell v. State, 290 Ga. 574 (presumption of reasonable strategy when trial counsel does not testify at new-trial hearing)
- Brown v. State, 288 Ga. 902 (defendant must show no competent attorney would have acted as counsel did)
- Holmes v. State, 273 Ga. 644 (failure to object to closing argument can be a valid strategic choice)
- Collett v. State, 305 Ga. 853 (procedure regarding merger of convictions)