Strother v. State
305 Ga. 838
Ga.2019Background
- Victim Cristobal Becerre-Contreras was killed Dec. 21, 2015; Appellant Strother (aka "Droop") was tried separately and convicted of malice murder and related offenses; sentence: life without parole plus other terms.
- Prosecution theory: Strother devised a plan with Kelesha Dorsey and Delaney Ray to rob the victim after Dorsey lured him via text; surveillance and phone records placed the participants together and corroborated the plan/timing.
- Dorsey and Ray initially denied knowledge to police but later, in recorded interviews and at trial, identified Strother as the shooter and described his carrying a silver revolver; Ray had a video showing Strother with such a gun.
- Physical evidence: victim shot in the back of the head at close range after blunt trauma consistent with being struck by a gun; no shell casings found (consistent with a revolver); victim’s phone and car located at scene; Strother sent incriminating texts after the shooting and fled with Dorsey and Ray.
- Trial defense: Strother did not testify; defense argued Dorsey and Ray falsely named Strother because they feared the real shooter; cross-examination emphasized their initial refusals to name anyone.
- Post-conviction issues included (1) alleged trial court failure to act as the "thirteenth juror," (2) admission of gang/other-murder assertions from the witnesses’ recorded police interviews, (3) ineffective assistance for opening the door to that evidence, and (4) alleged false testimony by Dorsey about any plea deal.
Issues
| Issue | Strother's Argument | State's Argument | Held |
|---|---|---|---|
| Legal sufficiency of evidence | Evidence was insufficient to prove he was shooter/conspirator | Surveillance, texts, recorded IDs, gun video, post-shooting texts and flight support convictions | Affirmed; evidence sufficient under Jackson v. Virginia |
| Trial court as "thirteenth juror" (motion for new trial general grounds) | Court failed to exercise discretion under OCGA §§5-5-20/5-5-21 | Court considered grounds and found verdict supported by ample evidence | Denial upheld; no abuse of discretion |
| Admission of gang/other-murder statements from recorded interviews (relevance/404(b)/403) | Statements were irrelevant, constituted improper bad-character evidence and unduly prejudicial | Defense opened the door by arguing witnesses feared someone else; statements were rebuttal and relevant to credibility/fear; prosecutor didn’t use them to prove Strother committed other crimes | Admission proper: relevant, not barred by 404(b) in context, and not plain-error under 403 |
| Ineffective assistance for opening the door | Counsel’s cross-examination was deficient and caused admission of prejudicial evidence | Strategy was reasonable and any error was not prejudicial given overwhelming evidence | Denied: prejudice not established under Strickland |
| Alleged false testimony by cooperator re: plea deal (Brady/Napue/Giglio) | Dorsey lied at trial about having a plea deal; prosecution suppressed or used false testimony | Trial court found no pretrial agreement and that Dorsey’s later assertions were self-serving; prosecutors denied any offer before trial | Denied: record supports trial court finding no deal and no knowing use of false testimony |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Napue v. Illinois, 360 U.S. 264 (prosecutor may not knowingly use false testimony)
- Giglio v. United States, 405 U.S. 150 (Brady/Napue obligations regarding deals and witness inducements)
- Parks v. State, 300 Ga. 303 (prior bad-act evidence can become relevant when defense opens the door)
- White v. State, 293 Ga. 523 (trial judge’s role as thirteenth juror described)
- Nwakanma v. State, 296 Ga. 493 (trial-court factfinding on witness deals and related due-process analysis)