Skipper v. State
314 Ga. App. 870
| Ga. Ct. App. | 2012Background
- Skipper was convicted of criminal attempt to commit armed robbery; the trial court denied her motion for new trial.
- The July 10, 2011 Waffle House incident formed the basis for the charged crime; co-defendants and accomplices were involved.
- Her brother Jerry Skipper implicated her in the robberies; he later recanted his statement at trial.
- Skipper denied involvement; she offered an alibi and explained she was at a gas station with her infant during the incident.
- A third accomplice Hagins testified to Skipper’s involvement and the cardisguise; Jerry Skipper testified he lied to police.
- The jury acquitted on some counts but convicted Skipper of criminal attempt to commit armed robbery; other charges were dismissed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Skipper argues the evidence, including brother’s statement and presence at station, is insufficient. | State asserts multiple accomplice testimonies and conduct support aiding and abetting. | Evidence supports aiding and abetting; sufficient for conviction |
| Ineffective assistance of counsel | Dad's testimony would have aided Skipper’s defense and corroborated her account. | Counsel acted strategically; testimony would have been largely cumulative and not prejudicial. | No ineffective assistance; strategy reasonable; no prejudice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review: rational juror could find elements beyond reasonable doubt)
- Kinney v. State, 271 Ga. 877 (1999) (prior inconsistent statements admissible as substantive evidence when witness testifies)
- Hawkins v. State, 290 Ga.App. 686 (2008) (accomplice corroboration permissible; multiple accomplices can sustain conviction)
- Burkes v. State, 302 Ga.App. 895 (2010) (counsel’s strategic choice not to call cumulative witnesses not ineffective assistance)
- Johnson v. State, 257 Ga.App. 30 (2002) (no ineffective assistance where testimony was cumulative)
- Kurtz v. State, 287 Ga.App. 823 (2007) (Strickland standard applied; deference to trial counsel's strategic decisions)
- Simpson v. State, 278 Ga. 336 (2004) (reasonable professional assistance; tactical decisions favored)