320 Ga. 300
Ga.2024Background
- Joseph Donnell Starks was convicted of felony murder and related offenses for a high-speed police chase resulting in the death of Kristin Dyer and serious injury to Joshua Cash on December 14, 2016.
- The underlying incident involved Starks fleeing from police at speeds exceeding 100 mph, culminating in a crash with a Department of Transportation truck. Marijuana and alcohol were found in the car, and Starks had a suspended license.
- At trial, Starks's defense claimed he was too intoxicated to drive and that Dyer may have been driving at the time of the crash; the jury nonetheless found Starks guilty.
- Starks appealed, claiming ineffective assistance of counsel for failing to present medical records that could support a theory of unconsciousness from a medical condition rather than intoxication.
- The State cross-appealed two sentencing issues regarding merger and concurrent sentences, despite not filing a formal cross-appeal.
Issues
| Issue | Starks's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance (failure to use medical records) | Counsel was deficient for not investigating/presenting medical records to support medical-unconsciousness theory | Evidence of intoxication stronger; trial strategy reasonably pursued intoxication theory | No constitutional deficiency; strong presumption counsel acted reasonably |
| Merger of homicide by vehicle conviction | Proper merger or vacatur of lesser homicide by vehicle conviction with felony murder | Merger was improper; convictions are separate crimes under evidence test | Proper to merge; only one conviction/sentence allowed per victim death |
| Concurrency of sentences with felony murder | No direct argument; opposed consecutive sentencing | Offenses under fleeing statute cannot run concurrently; must run consecutive to each other and to murder | Sentences could run concurrently; trial court had discretion; no error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Two-prong test for ineffective assistance of counsel)
- Drinkard v. Walker, 281 Ga. 211 (Required evidence test for merger under Georgia law)
- Gomez v. State, 301 Ga. 445 (One conviction/sentence per victim killing)
- Diamond v. State, 267 Ga. 249 (Vehicular homicide counts must be vacated if convicted of felony murder for same death)
- Washington v. State, 313 Ga. 771 (Error in merging instead of vacating surplus convictions harmless if it does not affect sentence)