Sutton v. State
295 Ga. 350
Ga.2014Background
- Sutton was convicted of malice murder and related offenses in Fulton County after a jury trial.
- He and four others conspired to rob the tattoo artist victim; three conspirators, including Sutton, went to the victim’s home.
- Clemons testified that Sutton and Smith pulled guns during a struggle when the victim resisted; the victim was shot.
- Michael Smith pled guilty to conspiracy and testified, providing crucial corroboration of Sutton’s role.
- Sutton argued the evidence was insufficient without Smith’s testimony, invoking former OCGA § 24-4-8; the court upheld corroboration.
- At the motion for new trial, Sutton introduced newly discovered evidence about a firearms analyst’s fabrication of data, which the court found insufficient to grant a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of corroboration for an accomplice conviction | Sutton argues lack of corroboration from non-accomplice | State contends Clemons’ testimony plus circumstantial evidence suffices | Sufficient corroboration found; Clemons’ identification supported the conviction |
| Effect of newly discovered evidence on new trial | New firearms data impeaches credibility of expert | Impeachment alone does not merit a new trial | No new trial based on impeachment alone; evidence not showing admissible error or material prejudice |
| Admissibility of detective’s testimony about Hunt’s statement vs. confrontation clause | Statement is testimonial and violates confrontation clause | Error harmless beyond a reasonable doubt | Harmless error; cumulatively supported by other admissible evidence; Bruton concern not triggered |
| Venue proof | Venue not proven beyond a reasonable doubt | Witness testimony established Fulton County as situs | Venue properly proven by direct/circumstantial evidence |
| Ineffective assistance of trial and post-conviction counsel | Counsel failed on multiple fronts affecting outcome | No deficient performance or prejudice shown | No Strickland prejudice; multiple claimed failures were either meritless or speculative |
Key Cases Cited
- Parkerson v. State, 265 Ga. 438 (1995) (sufficiency of corroboration may be circumstantial or witness conduct can infer participation)
- Hill v. State, 236 Ga. 831 (1976) (circumstantial and conduct evidence may establish participation)
- Reeves v. State, 244 Ga. App. 15 (2000) (accomplice testimony can be corroborated by other witnesses)
- Brookshire v. State, 230 Ga. App. 418 (1998) (credibility of identification testimony is a jury question)
- Tiggs v. State, 287 Ga. App. 291 (2007) (weight of corroborative testimony remains jury question)
- Moore v. State, 293 Ga. 676 (2013) (failure to raise meritless issue is not ineffective assistance)