Walker v. the State
341 Ga. App. 742
| Ga. Ct. App. | 2017Background
- In 1990 the victim was abducted near a Midtown Atlanta nightclub, raped and falsely imprisoned; she escaped to a house on Vernon Avenue in Fulton County and police took her to Grady, where a rape kit was collected.
- The case went cold until 2010, when GBI testing matched male DNA from the kit to Walker via database and buccal swabs; Walker was indicted in 2010 for the 1990 rape and false imprisonment.
- At trial Walker was convicted by a jury and sentenced to life for rape plus five years for false imprisonment; he appealed challenging venue proof and ineffective assistance of counsel (new trial motion denied).
- Venue: State presented circumstantial and direct evidence (location of nightclub, house, officer testimony) tying the offense to Fulton County; court found evidence sufficient to establish venue beyond a reasonable doubt.
- Ineffective assistance claims: (1) counsel pursued a defense attacking DNA testing despite an expert later recanting his initial critique; trial court found counsel’s strategic choice reasonable. (2) counsel mistakenly advised Walker that 20 years was the maximum sentence for rape, so Walker rejected a 20-year plea; the court found deficient performance but remanded to determine prejudice under Lafler.
- Remand directions: the trial court must reconsider whether Walker proved prejudice (reasonable probability he would have accepted the 20-year offer, prosecutor wouldn’t have withdrawn it, and the court would have accepted it); if prejudice is found, court must craft an appropriate remedy (possible resentencing), and Walker may appeal.
Issues
| Issue | Walker's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of venue evidence | Venue not proved beyond reasonable doubt | Circumstantial and direct evidence (locations, officer testimony) established venue | Venue proof sufficient; conviction affirmed |
| Counsel ineffective for pursuing DNA-defense | Counsel relied on expert who was wrong; defense theory conflicted with discovery | Counsel subpoenaed data, reasonably relied on expert, and made a strategic choice not to call the expert after he recanted | No deficient performance; new trial denied on this ground |
| Counsel ineffective in advising plea | Counsel told Walker max rape sentence was 20 years; he rejected plea and got life | State notes uncertainty in record about whether Walker knew later that life was max and whether he would have accepted plea after learning truth | Counsel’s advice was deficient; prejudice unresolved — trial court’s prejudice finding vacated and remanded for factual findings under Lafler |
| Remedy for proven prejudice | Walker seeks relief for plea loss | State opposes automatic new trial; remedy should avoid windfall and may include resentencing to offered term | If prejudice found, court may exercise discretion (impose offered term, keep trial sentence, or something in between); remand for determination |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
- Kimmelman v. Morrison, 477 U.S. 365 (standards for counsel performance in forensic evidence challenges)
- Lafler v. Cooper, 566 U.S. 156 (prejudice standard when bad advice causes rejection of plea)
- Williams v. Taylor, 529 U.S. 362 (prejudice standard discussion)
- Bell v. State, 284 Ga. 790 (venue may be proved by direct or circumstantial evidence)
- Arnold v. State, 292 Ga. 268 (standards for evaluating ineffective assistance on appeal)
- Smith v. State, 283 Ga. 237 (limits on defendant’s entitlement to expert assistance)
- Leonard v. State, 292 Ga. 214 (appellate review deference to trial court factual findings)
- State v. Germany, 246 Ga. 455 (trial court not required to accept plea agreement)
- Puckett v. U.S., 556 U.S. 129 (plea agreement principles)
- Mabry v. Johnson, 467 U.S. 504 (no constitutional right to enforcement of plea withdrawn by State)
- State v. Kelley, 298 Ga. 527 (State may withdraw consent when court won’t follow recommendation)
- State v. Harper, 271 Ga. App. 761 (State may withdraw unaccepted plea offer)
- Brown v. State, 261 Ga. App. 115 (plea agreements treated like contracts but with special considerations)