ROBERTS v. the STATE.
344 Ga. App. 324
Ga. Ct. App.2018Background
- Santee Roberts was tried in DeKalb County and convicted by a jury of RICO, identity fraud, financial-transaction-card fraud, and two counts of exploitation of an elder person based on a scheme targeting elderly victims by posing as utility-company representatives to obtain cards/account info.
- Over spring–summer 2009, ~71 victims (35 in DeKalb) reported calls alleging unpaid utility bills; victims provided card/account info or left cards in mailboxes, which were then retrieved and used fraudulently.
- Police investigations led to arrests: Roberts was identified at a motel (using a false name) where multiple credit cards were recovered; she was later arrested near an attempted mailbox retrieval after a nearby victim reported the incident.
- The State presented surveillance of purchases using victims’ cards, Roberts’s 2003 guilty plea in federal court for similar Michigan crimes, and recent Fulton County indictments and guilty pleas for similar offenses to prove a pattern for RICO.
- Roberts moved to prohibit media still photography in court and later claimed ineffective assistance of counsel; the trial court denied the motion and denied her new-trial motion after a hearing.
- On appeal, Roberts challenged sufficiency of the evidence, the courtroom-photography ruling, admission of prior indictments/pleas, and counsel effectiveness; the appellate court affirmed.
Issues
| Issue | Roberts' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict on RICO and predicate offenses | Evidence was insufficient to prove identity fraud, card fraud, elder exploitation, and thus RICO | Evidence (victim testimony, surveillance, recovered cards, prior similar convictions/indictments) supports convictions | Affirmed: evidence sufficient for identity fraud, card fraud, elder exploitation, and RICO based on predicate acts |
| Courtroom still photography | Cameras impaired due process and truth-finding; she suffered harassment from jail staff after media coverage | Open-courts policy and no showing that in-court photography harmed trial integrity | Denial of motion to bar still photos not an abuse of discretion |
| Admission of Fulton County indictments and guilty pleas | Admission was more prejudicial than probative and should have been excluded | Evidence of prior similar offenses was admissible to prove a pattern of racketeering activity under RICO | Admission proper: probative to establish a pattern of racketeering |
| Ineffective assistance of counsel (failure to object to leading questions; failure to call witnesses) | Counsel erred by not objecting and by not presenting witnesses/evidence | Tactical decisions, including not objecting to avoid highlighting issues and selecting witnesses, fall within reasonable strategy; no prejudice shown | Denied: counsel’s choices were reasonable strategy and defendant failed to show prejudice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two-pronged test for ineffective assistance of counsel)
- Chapman v. State, 273 Ga. 348 (application of Strickland and burden to show prejudice)
- Morris Commc’ns, LLC v. Griffin, 279 Ga. 735 (state policy favoring open judicial proceedings when assessing media coverage requests)