Ward v. State
292 Ga. 637
Ga.2013Background
- Ward was convicted after a jury trial of malice murder, felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon.
- He fired a gun from a car, killing Nicholas Martel Carpenter; shell casings at the car and scene matched a .45 caliber pistol.
- Co-defendants testified Ward was the shooter; Ward testified and claimed Coleman was the shooter.
- Ward argued ineffective assistance of trial counsel for not seeking immunity for a witness who invoked the Fifth Amendment.
- The trial court gave a jury instruction on defendant credibility; Ward challenged the instruction as improper under OCGA § 17-8-57.
- The sentencing included separate life terms for malice murder and felony murder; the Court vacated the felony murder conviction because there was a single victim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for immunity request | Ward | Ward | No error; no Georgia authority required immunity request by defense. |
| Immunity extension for defense witness | Ward | Ward | Immunity extension not required; Strickland standard not met. |
| Defendant credibility jury instruction | Ward | Ward | Instruction deemed proper under Georgia precedent; not error. |
| Sufficiency of the evidence | Ward | Ward | Evidence sufficient to support convictions beyond a reasonable doubt. |
| Duplication of murder convictions and sentencing | Ward | Ward | Felony murder judgment vacated; single-victim rule applies. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence)
- Lytle v. State, 290 Ga. 177 (Ga. 2011) (facts and credibility determinations; independent legal review)
- Dampier v. State, 249 Ga. 299 (Ga. 1982) (immunity requests by defense; lack of precedent)
- Goodman v. State, 255 Ga. 226 (Ga. 1985) (trial strategy and immunity considerations)
- Johns v. State, 239 Ga. 681 (Ga. 1977) (defendant credibility instruction precedent)
- Kennedy v. State, 277 Ga. 588 (Ga. 2004) (defendant credibility; jury instruction guidance)
- Woods v. State, 265 Ga. 685 (Ga. 1995) (credibility of witnesses and defendant)
- Boyd v. State, 284 Ga. 46 (Ga. 2008) (jury instruction regarding defendant's credibility)
- Larry v. State, 266 Ga. 284 (Ga. 1996) (credibility and examination of witnesses)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (double jeopardy and sentencing within counts)