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Walker v. State
288 Ga. 174
| Ga. | 2010
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Background

  • 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)
Read the full case

Case Details

Case Name: Walker v. State
Court Name: Supreme Court of Georgia
Date Published: Nov 8, 2010
Citation: 288 Ga. 174
Docket Number: S10A0970
Court Abbreviation: Ga.