Robinson v. State
303 Ga. 321
Ga.2018Background
- On June 25, 2011, Timothy Buck was shot and killed on a front porch; Linley (shooter) and Wise (accomplice) later pled guilty and Linley testified against Robinson.
- Robinson, Wise, and Linley had planned a robbery after Robinson observed Buck with large cash; Robinson supplied a revolver and accompanied the others to the house.
- Linley shot Buck; the victim’s wallet with money remained at the scene; medical examiner attributed death to a gunshot to the head.
- Robinson gave police a false name, then later volunteered to help recover the murder weapon, participated in a recorded controlled phone call with Linley, and retrieved a .38 revolver registered to Robinson’s father-in-law.
- Phone records showed multiple calls between the phone Robinson used and Linley on the day of the shooting; police recovered a rifle from a creek and a bat from Wise’s driveway.
- Robinson was convicted by a jury of malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon; sentenced to life plus 40 years. Appeal raises sufficiency, omission of corroboration instruction, and ineffective assistance of counsel.
Issues
| Issue | Robinson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence given accomplice testimony | Linley was an accomplice and his testimony was uncorroborated as a matter of law | Multiple independent facts (presence at scene, controlled call, firearm recovery, phone records) corroborate Linley | Evidence was sufficient under Jackson; corroboration established by circumstantial evidence and conduct before/after crime |
| Omission of jury instruction on accomplice corroboration | Trial court plain error for failing to instruct jury on corroboration, especially given other jury language | Instruction omission was incomplete not overtly incorrect; jury received instructions on burden, credibility, and to evaluate State’s proof independent of others | No plain error; omission did not likely affect outcome given quantum of evidence |
| Ineffective assistance — failure to request corroboration instruction | Counsel deficient for not requesting instruction; prejudiced outcome | Prevailing law at trial (Hall) did not require such a charge when corroboration existed; counsel not required to foresee change in law | No ineffective assistance: counsel’s performance reasonable under then-prevailing law and corroboration existed |
| Ineffective assistance — failure to object to phone testimony/hearsay | Counsel should have objected to investigator’s statement that multiple persons "shared a phone" and to attributing calls to Robinson | Trial counsel elicited limiting testimony, State had Robinson’s admission he used that phone, and the controlled call/recording and other evidence tied Robinson to the phone; objection would be meritless or cumulative | No ineffective assistance: strategy reasonable; testimony was cumulative and supported by admissions and recordings |
Key Cases Cited
- Huff v. State, 300 Ga. 807 (2017) (describing scope of accomplice corroboration and jury’s role)
- Parks v. State, 302 Ga. 345 (2017) (corroboration may be circumstantial and need not alone warrant conviction)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence)
- Stanbury v. State, 299 Ga. 125 (2016) (error in giving improper single-witness instruction)
- State v. Kelly, 290 Ga. 29 (2011) (plain error framework for jury-charge errors)
- Hall v. State, 241 Ga. 252 (1978) (refusal to give corroboration charge not error if independent corroboration exists)
- Hamm v. State, 294 Ga. 791 (2014) (overruled Hall and addressed accomplice corroboration instruction obligation)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)