Robinson v. State
312 Ga. App. 110
Ga. Ct. App.2011Background
- Robinson was convicted of burglary in Muscogee County based on entry into a laundry/dry-cleaning building on June 22, 2005.
- Inside the building, Robinson was hammering metal with a large wrench and had three 6–8 foot metal pipes; he claimed to be there to obtain iron and copper.
- Robinson admitted to police that he had entered the same building on three prior occasions to procure metal.
- A scrap-metal dealer testified Robinson attempted to sell scrap metal in spring 2005; Robinson testified he entered for privacy and not to steal metal, claiming intent unrelated to burglary.
- Johnson, the codefendant, pled guilty to burglary before trial; she did not testify, but the State elicited her guilty plea testimony through the officer.
- The trial court gave a remedial instruction directing the jury not to consider Johnson’s plea as evidence against Robinson; the court denied mistrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of co-defendant's guilty plea | Robinson: plea is inadmissible against him. | State: admission should be remedied, not cause mistrial. | Remedial instruction sufficed; no mistrial required. |
| Mistrial ruling on inadmissible testimony | Mistrial was required due to inadmissible plea evidence. | Remedial instruction adequately cured error. | No abuse of discretion; remedial instruction sufficient. |
| Effective assistance of counsel regarding use of prior convictions | Counsel failed to object to admission of four prior convictions. | Some convictions would be admissible under alternative statutes; impact on outcome is unlikely. | No prejudice; three admissible convictions could have been admitted; fourth did not affect outcome. |
Key Cases Cited
- Pinckney v. State, 236 Ga.App. 74 (1999) (guilty plea of a joint offender not admissible against the other)
- Sillah v. State, 291 Ga.App. 848 (2008) (guilty pleas of co-defendants generally inadmissible)
- Spradley v. State, 276 Ga.App. 842 (2005) (co-defendant plea testimony objections)
- Hendrix v. State, 202 Ga.App. 54 (1991) (curative instruction may remedy inadmissible evidence)
- Whiteley v. State, 188 Ga.App. 129 (1988) (trial court has broad discretion to fashion remedies)
- Clay v. State, 216 Ga.App. 310 (1995) (remedial instructions may cure errors)
- Watson v. State, 289 Ga. 39 (2011) (mistrial is not automatic remedy; requires necessity to preserve fair trial)
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice required for ineffective assistance)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (structure for evaluating ineffective assistance claims)