Terrell v. State
300 Ga. 81
| Ga. | 2016Background
- On April 9, 2009, Henry Wright Jr. was shot and later died after three men (Xzarious Terrell, Rodqucas Bowen, and Moxtious Cain) attempted to rob a "trap" house in Fulton County; one man with short dreadlocks pointed a gun at an occupant and shots were fired.
- Cain drove a green BMW 745 that brought Terrell and Bowen to the apartment; Cain remained in the car while the others went inside; Terrell fled to the BMW and left with Cain after the shooting.
- Victims identified Bowen from photo lineups; witnesses described a man with short dreadlocks consistent with Terrell’s appearance; Terrell admitted being at the scene in a recorded statement but denied shooting.
- Two women (Karimah and Marcadia Tarver) gave recorded statements to police implicating Terrell and Cain; at trial they recanted, but their recorded statements were played for impeachment and substantive use.
- Jury convicted Terrell of felony murder, aggravated assault (merged for sentencing in part), criminal attempt to commit armed robbery, and possession of a firearm during commission of a felony; life sentence plus consecutive terms followed.
- Terrell appealed, challenging sufficiency of the evidence, admission of non‑testifying co‑indictee statements under the co‑conspirator hearsay exception (former OCGA § 24‑3‑5), and sought remand for trial counsel testimony on ineffective assistance claims.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Terrell) | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Evidence (direct and circumstantial) shows Terrell was a participant; admissions and identifications support guilt beyond reasonable doubt | Evidence insufficient; identification and testimony are rumor/hearsay and unreliable | Affirmed — viewing evidence in favor of verdict, jury could find guilt beyond reasonable doubt under Jackson v. Virginia |
| Admissibility of Cain’s out‑of‑court statements through Karimah under co‑conspirator hearsay exception | Cain’s statements admissible because State proved a prima facie conspiracy independent of Cain’s statements (Terrell’s admissions to Marcadia, eyewitness descriptions, BMW link) | Admission improper because conspiracy not established apart from Cain’s declarations | Affirmed — State presented independent prima facie evidence of conspiracy; any error would be harmless because statements were cumulative |
| Use of Tarvers’ recorded statements (prior inconsistent statements) as substantive evidence | Prior inconsistent statements are admissible both to impeach and substantively | Statements are unreliable because witnesses recanted and testified they lied to police | Affirmed — prior inconsistent recorded statements admissible and jury decides credibility |
| Remand to obtain trial counsel testimony on ineffective assistance (claim raised on motion for new trial) | No remand required; claim was raised and adjudicated below | Requests remand to supplement record with trial counsel testimony to support ineffective assistance claim | Denied — ineffective‑assistance claim was raised on motion for new trial and adjudicated; remand unnecessary or procedurally barred |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Browner v. State, 296 Ga. 138 (review of evidence in light most favorable to verdict)
- Brown v. State, 291 Ga. 892 (circumstantial‑evidence standard and jury role)
- Rivers v. State, 296 Ga. 396 (prior inconsistent statements may be substantive evidence)
- Williams v. State, 293 Ga. 750 (prima facie proof required for co‑conspirator hearsay)
- Griffin v. State, 294 Ga. 325 (conspiracy requires tacit mutual understanding; overt act)
- Franklin v. State, 298 Ga. 636 (conspiracy duration and statements in furtherance standard)
- Grimes v. State, 296 Ga. 337 (admission of co‑conspirator statements)
- Navarrete v. State, 283 Ga. 156 (harmlessness where evidence is cumulative)
- Lewis v. State, 291 Ga. 273 (timing and procedural rules for raising ineffective assistance claims)
- Wilson v. State, 286 Ga. 141 (waiver and remand rules for ineffective assistance raised on motion for new trial)