Trammell v. State
328 Ga. App. 45
Ga. Ct. App.2014Background
- Trammell convicted of three counts of aggravated assault under OCGA § 16-5-21 (b).
- Events occurred June 8–9, 2008: Trammell, Marsh, and Jackson were involved in fights; later Trammell fired eight or nine shots from a Jeep at Marsh and Jackson.
- Jackson identified Trammell as the shooter; Marsh identified him as the pursuer in the Jeep.
- Howard's home in Decatur, DeKalb County, was involved as a shooting scene; Howard shot at the Jeep in response.
- Police recovered a silver Jeep Cherokee; the night clerk observed two men leaving in it with a shot-out back window; evidence placed in DeKalb County.
- The State introduced eyewitness testimony and circumstantial evidence to prove venue and participation as a party to the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Trammell argues lack of physical evidence and no proof of his shot at Howard. | State contends eyewitness identifications and participation evidence suffice. | Sufficient evidence supported the verdict. |
| Venue proof in DeKalb County | Venue not proven beyond reasonable doubt. | Circumstantial indicators place shootings in DeKalb; county officers investigated there. | Venue proven for the crimes occurred in DeKalb. |
| Mistrial for prosecutorial misconduct | Improper comment about other charges required mistrial. | Curative instructions sufficed; no mistrial warranted. | No reversible error; court did not abuse discretion. |
| Effective assistance of counsel | Counsel failed to obtain surveillance/video and phone records; alternative evidence could help. | Counsel's strategic choices were reasonable; no prejudice shown. | No ineffective assistance; trial strategy reasonable. |
| Sequestration of witnesses | Failure to sequestrate prejudiced defense. | Rule invoked; witnesses cross-examined; no prejudice shown. | No prejudice from sequestration approach. |
Key Cases Cited
- Castillo v. State, 288 Ga. App. 828 (655 SE2d 695) (2007) (standard for appellate review of sufficiency on appeal)
- McWhorter v. State, 198 Ga. App. 493 (402 SE2d 60) (1991) (presence and conduct may infer participation)
- Frazier v. State, 305 Ga. App. 274 (699 SE2d 747) (2010) (eyewitness credibility; single witness suffices)
- Chapman v. State, 275 Ga. 314 (565 SE2d 442) (2002) (venue proof by circumstantial evidence)
- Dukes v. State, 273 Ga. 890 (548 SE2d 328) (2001) (curative instructions for improper character evidence)
- Pearson v. State, 277 Ga. 813 (596 SE2d 582) (2004) (curative instructions adequate remedy)
- Allen v. State, 277 Ga. 502 (591 SE2d 784) (2004) (jurors presumed to follow admonitions)
- Kilpatrick v. State, 252 Ga. App. 900 (557 SE2d 460) (2001) (evidence no longer available; burden on state)