302 Ga. 176
Ga.2017Background
- On December 28, 2012, Mark Antonio Taylor entered a car dealership, took a running truck, and was confronted by employee Charles Weaver. Surveillance video captured the encounter.
- Taylor removed Weaver’s knife and cell phone at gunpoint, forced Weaver toward the building, shot him twice, and fled in the truck; Weaver later died from gunshot wounds.
- Police tracked the stolen truck to an Atlanta apartment, recovered Weaver’s knife and the Hi-Point .45 that matched the murder weapon, and arrested Taylor, who repeatedly said “I did it” / “I killed him.”
- Taylor was indicted for malice murder, multiple counts of felony murder and related felonies; convicted on all counts; sentenced to life without parole for malice murder with additional terms; felony-murder counts vacated as a matter of law.
- On appeal and in a post-trial motion, Taylor raised (1) sufficiency of the evidence (Jackson claim), (2) ineffective assistance of counsel re: voir dire and juror strikes, (3) trial court error and ineffective assistance for admitting/citing evidence about an altercation with his girlfriend, and (4) alleged plain error in allowing an investigator’s opinion on self-defense.
Issues
| Issue | Plaintiff's Argument (Taylor) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence insufficient to sustain convictions | Surveillance, physical evidence, gun match, admissions support convictions | Evidence sufficient under Jackson v. Virginia; convictions upheld |
| Ineffective assistance — voir dire and failure to strike jurors for cause | Counsel’s voir dire was too brief and failed to strike biased jurors (Jurors 41, 52, 29) | Counsel’s voir dire and strike decisions were strategic and within reasonable professional judgment | No deficient performance; claim fails (no prejudice shown) |
| Admission of testimony re: fight with girlfriend (impeachment) | Trial court erred in allowing cross-exam about the altercation; counsel ineffective for not objecting to prosecutor’s closing mention | Cross-exam was proper impeachment because Taylor testified inconsistently about being expelled from the car; prosecutor’s closing reference harmless and no deficient performance | Admission was within trial court’s discretion; evidence admissible for impeachment; counsel not ineffective |
| Investigator testimony about self-defense | Plain error in allowing investigator to opine on self-defense | Defense counsel elicited the topic on cross to introduce self-defense; cannot complain about error he invited | No reviewable error—issue invited by defense; claim rejected |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Pruitt v. State, 282 Ga. 30 (ineffective assistance two‑prong review and presumption of reasonable performance)
- Ford v. State, 298 Ga. 560 (voir dire and trial strategy deference)
- Parker v. State, 339 Ga. App. 285 (impeachment by contradiction and scope of cross‑examination)
- Francis v. State, 266 Ga. 69 (defendant’s testimony may be disproved on cross‑examination)
- Parks v. State, 300 Ga. 303 (scope of thorough cross‑examination)
- Adkins v. State, 301 Ga. 153 (invited error doctrine)
- Woods v. State, 271 Ga. 452 (no deficiency where challenged evidence was admissible)
