Sanders v. State
290 Ga. 637
| Ga. | 2012Background
- Sanders and co-defendant Pennie robbed three men at an apartment complex in a Black Nissan Maxima; weapons were used and valuables taken.
- Pennie directed Sanders to drive to the apartment; Pennie shot Rakestraw and rejoined Sanders in the Maxima.
- Police pursued the Maxima; Sanders fled while Pennie was tackled; Akins was killed in a collision as the Maxima sped away.
- Evidence linked Sanders to the crime: DNA on the windshield, Sanders' fingerprints on the car, and Sanders' backpack inside the car.
- The Maxima was Pennie’s; the gun used to shoot Rakestraw was found in the car; Sanders was captured seven months later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity established beyond reasonable doubt | State proved Sanders participated | OCGA 24-9-85(b) requires disregarding false testimony | Evidence sufficient; credibility for jury |
| Felony murder predicate valid | Armed robbery supported felony murder | Escape timing undermines predicate | No error; predicate valid |
| Golden rule statements improper | Prosecutor invited jurors to imagine themselves as victim | Not preserved; harmless | Not error; not preserved; no ineffective assistance |
| Comment on failure to come forward after escape | State impermissibly commented on silence | Waived by no contemporaneous objection; flight evidence admissible | Waived; no reversible error |
| Ineffective assistance for failure to object | Counsel should have objected; prejudice shown | Evidence overwhelming; no reasonable probability of different outcome | No prejudice; Strickland prejudice prong not met |
Key Cases Cited
- Fugitt v. State, 256 Ga. 292 (1986) (false swearing not shown; credibility for jury)
- Fugitt v. State, 251 Ga. 451 (1983) (impeachment not automatic; credibility for jury)
- Brooker v. Brown, 307 Ga.App. 10 (2010) (inconsistent testimony not necessarily false swearing)
- Hardy v. State, 293 Ga.App. 265 (2008) (inconsistent testimony; credibility for jury)
- Rucker v. State, 272 Ga. 750 (2000) (credibility for jury in eyewitness id case)
- Wallace v. State, 279 Ga. 26 (2005) (direct evidence valid; circumstantial evidence not sole basis)
- Collier v. State, 244 Ga. 553 (1979) (escape/terminating predicate issues; criticized/overruled on other grounds)