Thompson v. State
304 Ga. 146
Ga.2018Background
- Victim Joshua Richey was shot and killed in a Kroger parking lot; surveillance video showed a two-door black BMW fleeing the scene.
- Police linked Damarius Thompson to the BMW (DNA/fingerprints on a Powerade bottle in backseat) and to the victim’s truck (Thompson’s fingerprint on the driver’s door); a witness (Gaither) reported seeing Thompson burn clothes and wipe the car and said Thompson admitted he shot Richey because Richey “got too close.”
- Cell records placed Thompson near the scene at the time of the shooting and near the cooperator’s house the next day.
- Thompson was tried (initially with co-defendant Chestnut), represented by counsel through jury selection but proceeded pro se at trial; the jury convicted him of malice murder, armed robbery, and other charges; some felony-murder verdicts were later vacated by operation of law.
- Thompson pursued multiple appeals and post-trial motions raising sufficiency, indictment/arraignment defects, jury selection and ineffective assistance claims, evidentiary rulings (prior inconsistent statements, rule-of-completeness), prosecutorial/detective testimony, court comments, and trial conduct (mistrial request after witness outburst).
Issues
| Issue | Plaintiff's Argument (Thompson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder, armed robbery, tampering | Evidence was insufficient: no malice, no theft, tampering based only on Gaither | Fingerprints/DNA, surveillance, admission to Gaither, burned clothes, flight and possession support malice, robbery, tampering | Evidence sufficient; directed verdict properly denied under Jackson standard |
| Indictment returned in open court | Indictment not shown to be returned in open court; convictions therefore void | Clerk supervisor and indictment markings rebut claim; standard procedure requires open-court return before case number | Trial court’s factual finding that indictment was returned in open court upheld; claim fails |
| Timeliness of motions in arrest of judgment (arraignment claim) | Arraignment defective; motions in arrest of judgment raised July 12, 2016 | Motions untimely because must be made during the term when judgment entered (May term ended July 3) | Motions were untimely; court correctly dismissed them; merits not reached |
| Juror challenge / ineffective assistance of counsel | Trial counsel should have struck juror who knew witness (Gurley) | Appellant instructed counsel not to strike; juror said she could be impartial; strategic decision | No deficient performance or prejudice under Strickland; claim fails |
| Admission of prior inconsistent statements / hearsay and playing recorded interview | Prior statements were hearsay / prosecutor bolstered detective; whole recording should have been played under rule of completeness | Gurley’s statements were prior inconsistent statements admitted for impeachment; limited additional excerpt allowed to avoid irrelevant portions; no prejudice | Statements admissible as prior inconsistent; limited playback proper; plain-error review found no harm |
| Detective’s testimony suggesting Thompson was shooter (opinion) | Detective’s comments invaded jury’s role by stating belief defendant was shooter | Comments were not objected to; even if improper, comments were on patently obvious matter and did not affect outcome | Reviewed for plain error; no reversible harm shown |
| Mistrial after Gaither’s emotional outburst | Outburst prejudiced jury; curative instruction insufficient; mistrial required | Court gave prompt curative instruction and excused jury; trial court has discretion | Denial of mistrial was not an abuse of discretion; curative instruction adequate |
| Trial judge’s comments about shooting/venue (OCGA § 17-8-57) | Judge improperly expressed opinion that shooting occurred and identified location | Statement framed as allegation; evidence of shooting and venue was undisputed; statute amendment limits review to plain error | Plain error not shown; no reversal warranted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (established standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Moran v. State, 302 Ga. 162 (malice inference where circumstances show abandoned malignant heart)
- State v. Brown, 293 Ga. 493 (indictment must be returned in open court)
- Downey v. State, 298 Ga. 568 (vacatur by operation of law of certain felony-murder verdicts)
- Taylor v. State, 302 Ga. 176 (strategic juror-strike decisions)
- Brewner v. State, 302 Ga. 6 (extrinsic evidence permitted when witness fails to remember prior statement)
- Lupoe v. State, 300 Ga. 233 (plain error standard for unpreserved evidentiary claims)
- Tanner v. State, 303 Ga. 203 (police opinion testimony on obvious matters poses little danger of prejudice)
- Thomason v. State, 281 Ga. 429 (curative instruction adequate after courtroom outbursts)
- Messer v. State, 247 Ga. 316 (trial court discretion to cure outbursts with instruction rather than mistrial)
- Rouse v. State, 296 Ga. 213 (judge opinion statute review — earlier standard)
- Willis v. State, 304 Ga. 122 (application of amended OCGA § 17-8-57 on appeal)
- Chelsey v. State, 121 Ga. 340 (rebuttal evidence that indictment returned in open court)
- White v. State, 312 Ga. App. 421 (no requirement that indictment state it was received in open court)
- Humphrey v. State, 252 Ga. 525 (Jackson standard applies to directed verdict challenges)