Walker v. State
296 Ga. 161
| Ga. | 2014Background
- On Oct. 4–5, 2003, Ramona (16) and her six‑week‑old son Tyler were found dead in Ramona’s apartment; both deaths were ruled asphyxiation and occurred at about the same time. Cedrick Walker was Ramona’s boyfriend and was present at the scene and later gave multiple statements to police admitting presence and describing Ramona’s death and, per a jailhouse informant, confessing to both killings.
- Physical evidence contradicted Walker’s initial account of a seizure during sex: Ramona was fully clothed, no seminal fluid was found, and foam in her airway supported asphyxiation; Tyler’s injuries showed facial compression consistent with intentional asphyxia.
- Walker was tried and convicted of (1) malice murder of Ramona, (2) felony murder of Tyler (predicated on Ramona’s murder and unlawful concealment), and (3) unlawfully concealing Ramona’s death; he received consecutive life sentences plus 10 years.
- On appeal Walker argued insufficiency of evidence for each conviction, erroneous exclusion of a defense witness (Lashonda Darrian), and ineffective assistance of counsel (failure to suppress statements, impeachment issues, failure to request lesser‑included instruction, failure to move for directed verdict).
- The Supreme Court of Georgia affirmed the malice murder conviction for Ramona, reversed the concealing‑death conviction as legally insufficient, and reversed the felony murder conviction for Tyler because the State charged a theory (felony murder predicated on concealment and Ramona’s murder) that did not match the proof of causation. Exclusion of the witness and ineffective‑assistance claims were rejected as non‑harmful or without merit.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Walker) | Held |
|---|---|---|---|
| Sufficiency for malice murder of Ramona | Evidence (statements, medical examiner, jailhouse informant, letter) shows Walker unlawfully and with malice caused Ramona’s asphyxiation | Evidence inconsistent; alternative explanation (seizure) and lack of direct forensic proof of choking | Affirmed — evidence sufficient to support malice murder conviction of Ramona |
| Sufficiency for unlawful concealment of Ramona’s death | Moving Ramona’s body to sofa, turning off light, locking back door, and killing Tyler concealed her death and hindered discovery | These acts did not actually conceal the death or hinder discovery; no proof of delayed discovery because of these acts | Reversed — evidence insufficient to prove concealment that hindered discovery |
| Sufficiency for felony murder of Tyler (predicated on murder and concealment of Ramona) | Tyler’s death was caused during commission of predicate felonies (Ramona’s murder and concealment) so felony murder applies | State’s charging theory (felony murder premised on concealment + malice murder) does not match the proof that Tyler was intentionally asphyxiated contemporaneously; no proximate causation from Ramona’s murder or concealment | Reversed — evidence insufficient under the specific felony‑murder theory charged |
| Exclusion of defense witness (Darrian) | Testimony would rebut State’s suggestion Walker ‘hated’ Ramona and show care/normal behavior | Testimony was cumulative of Mona Lisa’s testimony and irrelevant; late disclosed | No harmful error — exclusion within trial court’s discretion and testimony cumulative |
| Ineffective assistance — failures re: suppression, impeachment, jury charges | Counsel failed to timely move to suppress three statements; failed to impeach informant fully; failed to request involuntary manslaughter instruction or directed verdict | Counsel made reasonable strategic choices; motions to suppress would have failed; impeachment elicited informant’s murder conviction and jury was instructed on moral turpitude; lesser‑included request reasonably withheld | Denied — Walker failed Strickland showing of deficient performance and prejudice |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Missouri v. Seibert, 542 U.S. 600 (two‑step Miranda interrogation issue)
- Jackson v. Denno, 378 U.S. 368 (hearing on voluntariness of statements)
- Zamora v. State, 291 Ga. 512 (sufficiency can be less than overwhelming)
- White v. State, 293 Ga. 523 (sufficiency review and trier‑of‑fact deference)
- Nazario v. State, 293 Ga. 480 (elements of unlawful concealment of death)