Thomas v. State
310 Ga. 579
Ga.2020Background
- On March 1–2, 2017, two brothers (Jabrial Adams and Kenny Hart) were shot to death after a fight at the "Jus One More" club in Warner Robins; club security video showed a man pistol‑whipping another and firing shots.
- Travis Thomas wore an electronic ankle monitor that showed he left home before the shooting, returned at 1:26 a.m., left again at 2:58 a.m. and did not return until 10:40 a.m.; the monitor was tampered with/removed during the latter interval.
- Two eyewitnesses at the club (Brittny Walker and Deontae Hart) identified Thomas in photographic lineups as the shooter; the lineups were compiled with similar photographs and presented per department procedure.
- In jail, inmate Dasmine Walker testified Thomas confessed to shooting Adams and Hart, said a video showed him running but not his face, and said he removed his ankle monitor and left for the Carolinas.
- Thomas was indicted in May 2017, convicted by a jury in October 2018 of malice murder and related crimes, sentenced to life without parole plus consecutive weapon‑offense terms, and appealed.
- On appeal Thomas argued (1) insufficiency of the evidence, (2) trial court denial of a mistrial after a spectator’s contacts with sequestered witnesses, (3) erroneous admission of the jailhouse confession, and (4) impermissibly suggestive photographic identifications.
Issues
| Issue | Thomas's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Convictions rest on vague, conflicting evidence and relied on improperly admitted identifications and confession | All evidence considered supports convictions beyond a reasonable doubt | Reviewed under Jackson; evidence (including IDs, confession, monitor records, video, eyewitnesses) was sufficient to sustain convictions |
| Motion for mistrial based on spectator testimony (Staggers) | Trial court should have granted mistrial after spectator entered witness room and allegedly influenced witnesses | Defendant waived contemporaneous objection; trial court reasonably allowed testimony and handled sequestration issue | Issue waived on appeal because Thomas did not move for mistrial contemporaneously; appellate review denied |
| Admission of jailhouse informant’s testimony that Thomas confessed | Testimony was unfairly prejudicial and unreliable (jailhouse informant bias, missing corroborative details) | Confession is highly probative; trial court balanced Rule 403 factors and admitted it for jury credibility assessment | Trial court did not abuse discretion under OCGA § 24‑4‑403; probative value outweighed danger of unfair prejudice |
| Pre‑trial photographic identifications | Lineups were impermissibly suggestive (Thomas’s photo allegedly had different lighting/highlighted) | Photographs were substantially similar; procedures minimized suggestion; no virtual inevitability of identification | Trial court did not abuse discretion; lineups were not impermissibly suggestive and IDs admissible |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Arizona v. Fulminante, 499 U.S. 279 (a defendant’s confession is highly probative and damaging evidence)
- Thomas v. State, 308 Ga. 26 (Georgia: appellate sufficiency review considers all evidence)
- De La Cruz v. State, 303 Ga. 24 (contemporaneous mistrial motion rule; waiver principles)
- Coley v. State, 305 Ga. 658 (contemporaneous objection/mistrial waiver on appeal)
- Bannister v. State, 306 Ga. 289 (Rule 403 balancing and admission of inculpatory statements)
- State v. Orr, 305 Ga. 729 (Rule 403 assessment; exclusion of evidence is extraordinary)
- Westbrook v. State, 308 Ga. 92 (two‑step test for suggestive identification and appellate standard)
- Curry v. State, 305 Ga. 73 (when suggestive procedure found, consider totality for likelihood of misidentification)
- Mattei v. State, 307 Ga. 300 (witness credibility is for the jury)