Whatley v. the State
342 Ga. App. 796
| Ga. Ct. App. | 2017Background
- Defendant Fernandez Whatley was tried jointly with co-defendants for a November 27, 2010 home-invasion: victims Hannibal Heredia, his wife Angela Fox, and their child were tied up; jewelry, TVs, cell phones and an Audi were stolen; some property was later recovered and linked to Whatley.
- Detective Vincent Velasquez arrested Whatley and testified that Whatley admitted in a custodial interview to participating in the robbery, tying up Heredia, taking TVs and driving away in the Audi.
- A jury convicted Whatley of kidnapping, aggravated assault, two counts of robbery (as lesser-included offenses of armed robbery), and two counts of false imprisonment; acquitted on gang participation and child cruelty charges.
- Whatley moved for a new trial alleging: courtroom closure (public-trial violation), ineffective assistance of counsel (multiple grounds), and insufficiency of evidence for Counts 85–86 (robbery and false imprisonment of Angela Fox). The trial court denied the motion; Whatley appealed.
- The Court of Appeals reviewed sufficiency under Jackson v. Virginia, addressed waiver of public-trial claims when not objected to at trial, and applied Strickland for ineffective-assistance claims, affirming the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public-trial violation for voir dire closure | Bailiff excluded family; trial court violated right to public trial | Whatley: closure violated Sixth Amendment; trial counsel ineffective for not objecting | Waived on direct appeal (no objection). Even as ineffective-assistance claim, no prejudice shown; court remedied by moving to larger courtroom; verdict affirmed |
| Sufficiency of evidence for robbery/false imprisonment of Angela Fox (Counts 85–86) | Argues State failed to prove victim named Angela Fox or that ring was taken from her | State presented testimony that wife (identified elsewhere as Angela Fox) was present, tied up, and jewelry taken; detective corroborated | Evidence sufficient; conviction affirmed |
| Ineffective assistance: failure to seek/secur[e] severance | Counsel failed to file/move to sever from co-defendants, prejudicing Whatley by guilt-by-association | Record showed counsel did file a severance motion; joint trial arguably benefitted Whatley (co-defendants more culpable) | No deficient performance or prejudice shown; claim fails |
| Ineffective assistance: multiple trial-strategy complaints (failure to suppress custodial statement; failing to object to rebuttal testimony/replaying interview during deliberations; encouraging defendant to testify; failure to object to judge comment) | Counsel erred in tactical choices, leading to admission/use of confession and prejudicial procedure | Counsel filed suppression motion and Jackson-Denno hearing; objections were made where appropriate; many objections would be futile or were strategic; no prejudice shown | Court finds counsel’s performance within reasonable professional norms; objections would have been futile or harmless; claims fail |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Presley v. Georgia, 558 U.S. 209 (right to public trial extends to voir dire)
- Waller v. Georgia, 467 U.S. 39 (procedural safeguards before closing a trial to the public)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- Wise v. State, 300 Ga. 593 (affirming co-defendant convictions and rejecting name-evidence argument)
- Reid v. State, 286 Ga. 484 (waiver and prejudice principles re: courtroom closure)