Starks v. State, 304 Ga. 308

Background

On July 4, 2013, Starks went to purchase a quarter-pound of marijuana at a Red Roof Inn; the seller's group planned to pass off fake marijuana. All participants were armed; Starks brought $1,000 and a gun.
A confrontation inside a Lincoln Navigator resulted in an exchange of gunfire; Stenneth Charles died from a gunshot wound through his right upper back injuring his heart. Starks sustained gunshot wounds to his right forearm and chest.
Starks was indicted on multiple counts including malice murder, three counts of felony murder, aggravated assault, attempt to possess more than one ounce of marijuana, possession of a firearm during commission of a felony, and possession of a firearm by a first offender probationer.
At trial Starks was acquitted of malice murder but convicted of voluntary manslaughter, felony murder (predicated on unlawful firearm possession), attempt to possess >1 oz. marijuana, and related counts; he received life for felony murder.
On appeal Starks argued ineffective assistance of trial counsel for failure to object to (1) portions of rebuttal testimony by Latasha Davis that recounted her prior statement and (2) portions of the State’s closing argument that commented on his decision to go to trial.
The Court assumed, without deciding, counsel’s failures were deficient but found no Strickland prejudice given Starks’s own admissions at trial and the overwhelming evidence supporting felony murder.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for failing to object to Davis's rebuttal testimony recounting her prior statement	Starks: Davis's testimony functioned as an improper prior consistent statement bolstering credibility; counsel should have objected.	State: Court allowed rebuttal to address disputed trial testimony; trial court limited use and barred the recorded statement earlier; failure to object did not prejudice outcome.	Assumed deficiency but no prejudice under Strickland; outcome would not likely differ given other evidence, including Starks's admissions.
Whether counsel was ineffective for failing to object to prosecutor's closing argument that commented on Starks's choice to go to trial	Starks: Prosecutor disparaged exercise of constitutional right to trial, meriting objection and new trial.	State: Jury was instructed that closing arguments are not evidence; argument was not outcome-determinative given overwhelming proof and Starks's admissions.	Assumed deficiency but no prejudice; instruction cured and evidence overwhelming.
Whether the evidence was legally sufficient to support felony murder conviction	Starks: (not challenged on appeal) — argued self-defense at trial.	State: Evidence (including Starks's admissions and nexus between illegal firearm/drug transaction and death) sufficed to prove felony murder.	Court independently found sufficiency; evidence legally sufficient to support convictions.
Whether a justification/self-defense claim could negate felony murder predicated on concurrent felonies	Starks: Claimed self-defense to excuse shooting.	State: OCGA § 16-3-21(b)(2) denies justification when committing/attempting a felony; Starks admitted committing two felonies, so self-defense unavailable.	Held: Self-defense unavailable because Starks committed felonies at the time; felony murder conviction stands.

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (establishes legal-sufficiency standard for criminal convictions)
Strickland v. Washington, 466 U.S. 668 (two-part ineffective assistance test: performance and prejudice)
Robinson v. State, 277 Ga. 75 (appellate review standard for trial-court factual findings)
Harris v. State, 291 Ga. 175 (illegal firearm possession creates foreseeable risk of death supporting felony murder)
Davis v. State, 290 Ga. 757 (drug transaction with armed participants can be predicate for felony murder)
Crayton v. State, 298 Ga. 792 (felony murder requires foreseeability and proximate cause)
Woodard v. State, 296 Ga. 803 (relationship between justification defenses and underlying felonies)
Powell v. State, 291 Ga. 743 (improper closing argument harmless where evidence overwhelming and jury instructed)
Watson v. State, 303 Ga. 758 (failure to object did not prejudice defendant where other strong evidence supported conviction)
Muse v. State, 293 Ga. 647 (no prejudice from admission of inaccurate testimony when State's case did not depend on it)