Wiggins v. State
295 Ga. 684
| Ga. | 2014Background
- Wiggins, known as Weedi, and Thomas robbed a drug dealer of marijuana and cash; Wiggins later shot Thomas during a car stop at a gas station.
- Thomas identified Wiggins as the shooter via non-verbal statements after surgery; he died from gunshot wounds days later.
- The State admitted Thomas’s dying declarations through non-verbal cues and later statements; trial court admitted a redacted video/interview.
- Wiggins challenged admission of anonymous-caller statements as hearsay and challenged trial counsel’s performance under Strickland.
- The Court of Appeals transfer and the case timeline culminated in affirming convictions for felony murder and related firearm charge; Mississippi? (court’s decision affirming).
- The court conducted its own review of evidence sufficiency under Jackson v. Virginia and affirmed beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dying declarations admissibility | Wiggins argues statements were not dying declarations. | State contends Thomas was conscious and statements fit article of death. | Admissible as dying declarations; consciousness shown by circumstances. |
| Ineffective assistance of counsel | Wiggins claims counsel failed to object to or exclude hearsay. | State asserts no prejudice; overwhelming evidence supports guilt. | No prejudice; evidence overwhelmingly supports verdict. |
| Sufficiency of the evidence | Evidence is insufficient to prove guilt beyond a reasonable doubt. | Evidence (statements, eyewitness, forensic, dying declarations) is sufficient. | Evidence sufficient for rational jury to convict beyond a reasonable doubt. |
Key Cases Cited
- Sanford v. State, 287 Ga. 351 (Ga. 2010) (dying declarations require consciousness shown by circumstances)
- Ventura v. State, 284 Ga. 215 (Ga. 2008) (dying declarations similar statutory framework; consciousness implied by circumstances)
- Lambert v. State, 287 Ga. 774 (Ga. 2010) (ineffective-assistance standard under Strickland; prejudice inquiry)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for convicting beyond a reasonable doubt)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)