Sloans v. State
304 Ga. 363
Ga.2018Background
- Victim Antonio President was shot and killed near Sonny's Corner Package Shop on May 1, 2008; Sloans was indicted for malice murder, felony murder, first-degree criminal damage to property, aggravated assault, and firearm possession during a crime.
- Multiple witnesses placed Sloans at the scene: Stephen Smith saw Folston hand Sloans a revolver and saw Sloans leave; several witnesses heard shots and identified Sloans in a photographic lineup; one witness observed Sloans firing near the victim.
- A bullet struck Taisha Wesley’s car (knocking out a tire) while she and her children were present; a black hooded jacket was found near the scene but never DNA-tested.
- Sloans denied shooting; he and Folston admitted selling drugs. A recorded post-arrest call referenced .45 rounds taken from their apartment; the fatal projectile was .38.
- Following a jury trial in September 2010, Sloans was convicted on all counts and sentenced to life plus 30 years. He appealed, arguing insufficient evidence and ineffective assistance of counsel (challenging admission of autopsy photographs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions (murder, assault, firearm, damage) | Sloans: evidence insufficient—no DNA, unreliable police testimony, untrustworthy witness (Smith) | State: cumulative witness identifications and circumstantial evidence support convictions | Court: Viewing evidence in light most favorable to verdict, a rational juror could find guilt beyond reasonable doubt; sufficiency affirmed |
| Criminal damage to property — proof of value required? | Sloans: State failed to prove value of damaged property | State: First-degree damage based on endangerment, not value; evidence showed shots endangered occupants | Court: Value not required for first-degree damage; testimony about shot tire and presence of children supports reckless endangerment conviction |
| Ineffective assistance — failure to object properly to autopsy photos / discovery violation | Sloans: Counsel should have relied solely on ten-day discovery rule objection (OCGA §17-16-4) rather than seeking continuance/relying on other grounds | State: Court offered remedies (inspection, recess); photos were admissible and not inflammatory; counsel objected on multiple bases | Court: Counsel's actions were not objectively unreasonable; no reasonable probability outcome would differ; Strickland claim fails |
Key Cases Cited
- Hayes v. State, 292 Ga. 506 (standard for reviewing sufficiency of the evidence)
- McGruder v. State, 303 Ga. 588 (deference to jury on witness credibility and factual conflicts)
- Jordan v. State, 303 Ga. 709 (no requirement that the State rely on any particular type of evidence)
- 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 (two-prong test for ineffective assistance of counsel)
- Revere v. State, 302 Ga. 44 (prejudice analysis under Strickland in state-court context)
- Stuckey v. State, 301 Ga. 767 (admissibility of autopsy/incision photographs)
- Banks v. State, 281 Ga. 678 (post-incision autopsy photographs admissible when necessary to show material facts)