Washington v. State
294 Ga. 560
| Ga. | 2014Background
- Victim Tanisha Hardman, a Wal‑Mart employee, was shot in the back of the head and found dead on December 8, 2008; her cell phone was missing but purse and keys remained.
- Washington, her coworker, had an extramarital sexual relationship with Hardman and also a relationship with another coworker, Lisa Coleman; both Washington and Hardman believed Washington might be the father of Hardman’s unborn child.
- Phone records and cell‑tower data placed both Washington and Hardman near the apartment complex where her body was found the evening before her death; Washington had recent phone contact with Hardman.
- A 9mm High Point shell casing (Independence brand) was found at the scene; Washington had possession of a 9mm High Point handgun loaded with Independence ammunition belonging to his brother‑in‑law.
- Washington was convicted by a Bibb County jury of malice murder and possession of a firearm during commission of a felony; he appealed, claiming (1) insufficient evidence, (2) erroneous admission of bad‑character evidence, and (3) ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (Washington) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence was circumstantial and other suspects existed; counsel failed to develop exculpatory evidence | Evidence admitted supported motive, opportunity, phone/location links, gun ownership; circumstantial proof can sustain convictions | Conviction affirmed; evidence sufficient to exclude every reasonable hypothesis except guilt (Jackson standard) |
| Admission of bad‑character evidence (affair with Coleman) | Affair was impeachment of character and prejudicial, not relevant | Affair showed motive to conceal and to preserve relationship with Coleman; relevant for motive | Admission proper: relationship was relevant to motive and therefore admissible (OCGA § 24‑2‑2 principles) |
| Ineffective assistance — failure to investigate/identify other suspects | Counsel failed to pursue and present five potential alternative fathers/suspects | Counsel and investigators searched, found no credible evidence linking others; strategic choice to challenge State’s case reasonable | No deficient performance or prejudice shown; investigation was reasonable and strategy permissible under Strickland |
| Ineffective assistance — cross/expert/witness choices | Counsel failed to elicit testimony that Hardman often stayed out and failed to call a witness who contradicted family testimony | Tactical reasons: eliciting such testimony risked victim‑blaming; calling the witness might have undercut Washington’s own testimony | Strategic trial decisions; without counsel testimony on record, presumption of reasonableness stands and no Strickland relief granted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence review)
- Strickland v. Washington, 466 U.S. 668 (two‑part standard for ineffective assistance of counsel)
- Kimmelman v. Morrison, 477 U.S. 365 (counsel’s duty to investigate; standards for claims of ineffective assistance)
- Williams v. Taylor, 529 U.S. 362 (prejudice inquiry under Strickland)
- Green v. State, 291 Ga. 287 (appellate sufficiency review—consider only evidence admitted at trial)
- Blevins v. State, 291 Ga. 814 (circumstantial evidence can exclude all reasonable hypotheses save guilt)
- Mikell v. State, 274 Ga. 596 (other‑acts evidence admissible if relevant for non‑character purpose)
- Garrett v. State, 280 Ga. 30 (motive evidence may incidentally place character in issue but still be admissible)
- Cook v. State, 274 Ga. 891 (counsel’s reasonable investigation and strategic choices upheld)
- Jennings v. State, 288 Ga. 120 (failure to connect additional suspects supports conclusion counsel’s investigation was adequate)