Westbrook v. State
291 Ga. 60
| Ga. | 2012Background
- Appellant Mario Westbrook was convicted of malice murder and related crimes for a shooting at a dice game in Athens, Georgia, after which multiple victims died or were injured.
- Westbrook brought two firearms to the scene, believed there was cheating at the game, and fatally shot Stacey Jefferies and other participants after returning with a pistol.
- Six witnesses identified Westbrook as the shooter, and ballistics linked shell casings to the firearms recovered at his arrest.
- Westbrook admitted to shooting the victims but claimed self-defense, asserting the victims were reaching for weapons; witnesses testified he was the only person with a gun that night.
- On cross-examination, a change in testimony regarding a witness’s prior statements led to a challenge to admissibility under OCGA 24-3-38 and the rule of completeness, which the court addressed.
- The trial court admitted related testimony under the rule of completeness, and the court held that the evidence, including overwhelming guilt, rendered any error harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Moses/Hines testimony under OCGA 24-3-38 | State argues completeness permits admission to rebut fabrication claims. | Westbrook contends it was improper hearsay under Woodard. | Testimony admissible under completeness rule; harmless error. |
| Ineffective assistance of counsel claim | Westbrook asserts multiple trial-counsel deficiencies affected the outcome. | State asserts no prejudice; strategy decisions reasonable. | No reversible error; prejudice not shown; conviction affirmed. |
| Failure to request an accident instruction | Instruction could negate elements if accident evidence supported. | Counsel reasonably declined; defense emphasized self-defense and accidental impact minimal. | No deficiency; no prejudice; self-defense theory supported. |
| Admission of alleged prior acts of violence under Chandler | Prior acts could be probative under Chandler to challenge credibility. | Evidence not credible; would not change outcome given overwhelming guilt. | Trial court properly exercised discretion; no reversible error. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for conviction)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility governs witness conflicts)
- Smalls v. State, 105 Ga. 669 (Ga. 1898) (OCGA 24-3-38 completeness principle)
- West v. State, 200 Ga. 566 (Ga. 1946) (completeness rule applies across statements)
- Stanford v. State, 272 Ga. 267 (Ga. 2000) (harmless error analysis with overwhelming evidence)
- DeLeon v. State, 289 Ga. 782 (Ga. 2011) (no error where witness testimony not asked about self-defense)
- Stewart v. State, 261 Ga. 654 (Ga. 1991) (accident instruction not required in certain setups)
- Chandler v. State, 261 Ga. 402 (Ga. 1991) (credibility evidence; admissibility of prior acts)
- Fordham v. State, 254 Ga. 59 (Ga. 1985) (ultimate fact opinions and trial strategy)
- Turpin v. Christenson, 269 Ga. 226 (Ga. 1998) (trial strategy and accident-related considerations)
- Whiting v. State, 269 Ga. 750 (Ga. 1998) (trial strategy, jury instructions discretion)
- Pierce v. State, 286 Ga. 194 (Ga. 2009) (counsel's performance; prejudice prong sometimes unresolved)