Whitaker v. State, 291 Ga. 139

Whitaker was convicted after a jury trial of felony murder and cruelty to children; cruelty merged into felony murder and he was sentenced to life imprisonment.
The offenses occurred on May 17, 1999, when 13-month-old twins were left with Whitaker; Darrius died from injuries inconsistent with a fall.
A pathologist found head trauma from blunt force with multiple skull fractures, brain damage, and bruising, indicating injuries inflicted by shaking/impact, not a fall from a bed.
Whitaker claimed the child fell from the bed; the evidence showed he was the only adult with the child during the injuries, aside from the victim’s brother.
Whitaker sought a new trial; ten-year delay in ruling on the motion was raised as a due process issue, with the trial court finding no prejudice.
The appellate court affirmed the judgment, concluding sufficient evidence supported guilt, ineffective-assistance-of-counsel claims failed, and no due-process violation from appellate delay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence legally sufficient to convict Whitaker?	Whitaker argues the evidence is circumstantial and could support a fall theory.	State contends the medical evidence excludes a mere fall and supports guilt.	Sufficient evidence supported guilt beyond a reasonable doubt.
Did trial counsel’s handling render ineffective assistance?	Pre-arrest silence and related testimony were improperly admitted; prejudicial.	Strong guilt evidence makes any error unlikely to have changed the outcome.	No ineffective-assistance prejudice; claims fail.
Was the ten-year appellate-delay due process violation?	Delay deprived Whitaker of an adequate appeal and due process.	Delay was not deliberate and did not prejudice the defense.	No due-process violation from appellate delay.

Kier v. State, 292 Ga. App. 208 (Ga. App. 2008) (circumstantial-evidence standard of proof)
Whitus v. State, 287 Ga. 801 (Ga. 2010) (circumstantial evidence and credibility determinations by jury)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of circumstantial evidence)
Mahan v. State, 282 Ga. App. 201 (Ga. App. 2006) (jury credibility and weighing evidence against testimony)
Hood v. State, 273 Ga. App. 430 (Ga. App. 2005) (precedents on evaluating circumstantial evidence)
Loadholt v. State, 286 Ga. 402 (Ga. 2010) (appellate-delay prejudice analysis)
Lambert v. State, 287 Ga. 774 (Ga. 2010) (appellate-delay and prejudice considerations)
Payne v. State, 289 Ga. 691 (Ga. 2011) (prejudice standard in appellate-delay context)
Owens v. State, 286 Ga. 821 (Ga. 2010) (tenor of appellate-delay due-process analysis)
Pineda v. State, 288 Ga. 612 (Ga. 2011) (appellate-delay prejudice considerations)