White v. State
289 Ga. 511
Ga.2011Background
- White was convicted of malice murder, armed robbery, and possession of a firearm during the commission of a crime in connection with two deaths.
- The offenses occurred on June 15, 2005; White allegedly arranged prostitution for Ramirez, Rodrigo Ramirez, and Francisco Ramirez.
- Five people, including White and two women, traveled in Ramirez's car to a motel; a dispute led to the shootings of Ramirez and Gonzales.
- Ramirez carried about $3,500; White watched him pay for motel rooms, then shot Ramirez and Gonzales and fled with one woman.
- Approximately 14 hours later, White was seen in Mississippi driving Ramirez's car, a six-hour drive from the crime scene.
- White contends that Jordan (the other woman) shot the victims, but the evidence supported the jury instruction on being a party to the crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient for a reasonable juror to convict | White | White | Evidence sufficient for conviction |
| Whether the court erred in instructing on party to a crime | White | White | Court properly instructed on party to a crime |
| Whether trial counsel provided ineffective assistance | White | White | No reversible ineffective-assistance error |
| Whether hearsay evidence or arguments affected trial | White | White | No reversible error; arguments permitted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Jennings v. State, 288 Ga. 120, 702 S.E.2d 151 (Ga. 2010) (indictment need not name as party to crime)
- Metz v. State, 284 Ga. 614, 669 S.E.2d 121 (Ga. 2008) (party-to-a-crime jury instructions)
- Castillo v. State, 281 Ga. 579, 642 S.E.2d 8 (Ga. 2007) (necessity hearsay exception considerations)
- Sheppard v. State, 284 Ga. 775, 671 S.E.2d 830 (Ga. 2009) (impeachment and trial strategy considerations)
- Nash v. State, 285 Ga. 753, 683 S.E.2d 591 (Ga. 2009) (prosecutor's closing argument conduct)
- Long v. State, 287 Ga. 886, 700 S.E.2d 399 (Ga. 2010) (harmless error standard for misstatements)
