White v. State
293 Ga. 635
Ga.2013Background
- October 24, 2009, shooting; Adan-Gonzalez and Becerra in van confronted White over $20 and a potential drug deal.
- White produced a weapon and shot Adan-Gonzalez; White fled to a nearby apartment; ammo box found later matched the bullet.
- Becerra identified White at trial as the shooter, despite prior uncertainty about identifications of African-Americans.
- Debra Williams testified to a gunshot and identification of a khaki-clad man; McDaniel corroborated khaki clothing.
- Convicted of malice murder, felony murder, and firearms possession; felony murder vacated on appeal and sentencing adjusted; motion for new trial denied.
- Trial defense argued insufficient evidence and ineffective assistance; appeal contends mistrial denial; Court affirms all rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | White | White | Evidence sufficient to sustain verdict. |
| Ineffective assistance for failed expert on cross-racial ID | White | White | No prejudice shown; no proffer of expert testimony. |
| Denial of motion for mistrial | White | White | No abuse of discretion; mistrial not warranted. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard applied on appeal)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective-assistance standard; two-prong test)
- Robinson v. State, 277 Ga. 75 (2003) (reviewing trial court factual findings; independent application of law)
- Wright v. State, 291 Ga. 869 (2012) (precedent on standard of appellate review for prejudice in ineffective assistance)
- Fuller v. State, 277 Ga. 505 (2004) (Strickland framework in Georgia; prejudice analysis)
- Smith v. State, 303 Ga. App. 831 (2010) (reference on eyewitness identification and expert testimony)
- Childs v. State, 287 Ga. 488 (2010) (mistrial discretionary standard; safety concerns assessed)