Walker v. State
288 Ga. 174
| Ga. | 2010Background
- Walker, Ward, and Ward's daughter were at Ward's residence on May 3, 2004; Ward was found dead from a single gunshot, with Walker's car nearby and Ward's car missing.
- Evidence tied the gun used to Fulks, a distant cousin of Walker, who initially possessed the gun and later supplied it to police; firearms examiner linked the scene bullet and shell casing to Fulks's gun.
- Walker was charged with malice murder, multiple felonies, and other related offenses; the jury convicted him on all counts and he was sentenced to life without parole for malice murder, with several concurrent and consecutive sentences for related offenses.
- Prior to trial, Walker went through multiple attorneys; he ultimately waived counsel and proceeded pro se with Averick as standby counsel after an extensive trial-colloquy.
- During trial, the State disclosed a second ballistics report on the morning of trial; Walker objected to its use and to the testing, raising Brady and reliability concerns, which the court addressed.
- Post-trial and on appeal, Walker challenged the waiver of counsel, asserted ineffective assistance claims related to ballistics testing, and argued trial irregularities; the trial court and Georgia Supreme Court upheld the conviction and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Walker's waiver of counsel knowing and voluntary? | Walker | State | Waiver valid; waiver was knowing and intelligent |
| Did Walker's mental condition require a competency hearing before waiving counsel? | Walker | State | No competency hearing required; no error |
| Did the late Brady ballistics disclosure and testing affect trial fairness or require relief? | Walker | State | No reversible error; failure to preserve Brady objections at trial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires proof beyond a reasonable doubt)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (waiver of right to counsel requires knowing and intelligent decision)
- Bryant v. State, 268 Ga. 616 (Ga. 1997) (dilatory tactics can be treated as waiver of counsel)
- State v. Evans, 285 Ga. 67 (Ga. 2009) (record need not address every factor for voluntary waiver)
- Drope v. Missouri, 420 U.S. 162 (U.S. 1975) (competency determined when there is reason to doubt)
- Biggs v. State, 281 Ga. 627 (Ga. 2007) (competency and waiver considerations in Georgia)
- Harper v. State, 249 Ga. 519 (Ga. 1982) (test for admissibility of expert testimony and scientific principles)
- Jones v. State, 258 Ga. 249 (Ga. 1988) (failure to raise objection preserves issues on appeal)
- Earnest v. State, 262 Ga. 494 (Ga. 1992) (trial objections not preserved may bar appellate review)
