Sloans v. State, 304 Ga. 363

Victim Antonio President was shot and killed outside Sonny’s Corner Package Shop on May 1, 2008; Levaughn Sloans was indicted and convicted of malice murder (felony murder merged), first-degree criminal damage to property, aggravated assault, and firearm possession during a crime; sentence life plus 30 years.
Witnesses placed Sloans at the scene: Stephen Smith observed Folston hand Sloans a silver revolver and later heard shots; other bystanders heard gunfire and identified Sloans in a photo lineup; a bullet damaged Taisha Wesley’s car while she and her children were present.
Investigators recovered a black hooded jacket near the shooting (sent to GBI but not tested), and police seized .45 caliber rounds from the defendants’ apartment; the fatal projectile was .38 caliber.
Sloans and co-defendant Folston admitted selling drugs; Sloans denied shooting but acknowledged a prior robbery by the victim; a post-arrest phone call referenced .45 rounds taken by police.
Sloans appealed asserting (1) insufficient evidence and (2) ineffective assistance of counsel for failing to object properly to admission of autopsy photographs that the State provided less than ten days before trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support convictions	Sloans: identification and forensic evidence were insufficient (no DNA, unreliable witnesses)	State: testimony, eyewitness IDs, circumstantial evidence (car shot while occupants present), and inferences suffice	Affirmed: viewing evidence in light most favorable to verdict, rational jury could convict beyond reasonable doubt
Criminal damage to property requirement of value	Sloans: value not proved, so conviction unsupported	State: first-degree damage need not prove value—only endangerment of life	Affirmed: evidence supported reckless endangerment to Wesley and children when car tire was shot
Ineffective assistance for counsel’s objections to untimely autopsy photos	Sloans: counsel should have objected solely on OCGA §17-16-4 ten-day discovery violation and sought exclusion	State: counsel objected on multiple grounds; court offered remedies (inspection, recess); photographs were admissible and noninflammatory	Affirmed: counsel’s conduct not objectively unreasonable and no prejudice shown under Strickland
Trial court’s refusal to grant continuance or exclude photos	Sloans: denial of continuance/prejudicial admission of photos	State: trial court properly offered remedies and found photos necessary for medical testimony	Affirmed: court reasonably found photos necessary, offered inspection, and denied continuance without deficient performance or prejudice shown

Hayes v. State, 292 Ga. 506 (explaining sufficiency standard for appellate review)
McGruder v. State, 303 Ga. 588 (resolving credibility and weight of evidence are jury functions)
Jordan v. State, 303 Ga. 709 (no requirement of particular type of evidence such as DNA)
Carthern v. State, 272 Ga. 378 (construction of "in a manner so as to endanger human life" as reckless endangerment)
Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard requiring deficient performance and prejudice)
Revere v. State, 302 Ga. 44 (prejudice analysis under Strickland in Georgia context)
Stuckey v. State, 301 Ga. 767 (admissibility of pre-incision autopsy photographs)
Banks v. State, 281 Ga. 678 (post-incision autopsy photographs admissible if necessary to show material fact)