History
  • No items yet
midpage
320 Ga. App. 831
Ga. Ct. App.
2013
Read the full case

Background

  • Ray, Judge; Williams was convicted by jury of burglary and contributing to the delinquency of a minor, and he appeals the verdict and denial of a motion for new trial.
  • On appeal, Williams challenges sufficiency of the evidence, admission of identification testimony, failure to give grave-suspicion instructions, and ineffective assistance of counsel.
  • Evidence showed Davis saw Williams on an air-conditioning unit beating Randolph's kitchen window; the burglary’s point of entry was that kitchen window.
  • Davenport later observed Williams and T. B. leaving the scene with a burglarized item (the Iron Man bag), linking Williams to the crime.
  • Williams presented alibi witnesses, but the jury could credit eyewitness identification over alibi testimony; credibility is for the jury.
  • The trial court admitted Davis’ showup identification, and the court rejected Williams’ grave-suspicion claim and later rejected the ineffective-assistance claims.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of the evidence Williams argues insufficient evidence to prove entry. State contends circumstantial evidence excludes other hypotheses. Sufficient evidence supported burglary conviction.
Admission of identification Davis’ in-court identification was unreliable due to suggestive showup. Showup was admissible; totality of circumstances supports reliability. Court did not err in admitting identification testimony.
Grave-suspicion instruction Trial court erred by not giving grave-suspicion instruction. Instructions covered presumption of innocence, burden, and credibility. No error in denying grave-suspicion instruction.
Ineffective assistance of counsel Counsel failed on multiple fronts (in-court ID objection, foundation for similar transaction, knowledge instruction). Objections either futile or properly addressed; no prejudice shown. No ineffective-assistance violation established.

Key Cases Cited

  • Williams v. State, 217 Ga. App. 636 (Ga. App. 1995) (sufficiency of circumstantial evidence; credibility of witnesses for jurors)
  • Davis v. State, 315 Ga. App. 625 (Ga. App. 2012) (identification and showup testimony admissibility)
  • Howard v. State, 318 Ga. App. 329 (Ga. App. 2012) (similar crimes proof via certified conviction and officer testimony)
  • Rose v. State, 275 Ga. 214 (Ga. 2002) (prior crimes established by officer testimony and certified conviction)
  • Coweta County v. Simmons, 269 Ga. 694 (Ga. 1998) (court jurisdiction over enumerations of error)
  • Davis v. State, 315 Ga. App. 625 (Ga. App. 2012) (identification and foundational issues)
Read the full case

Case Details

Case Name: Williams v. State
Court Name: Court of Appeals of Georgia
Date Published: Mar 27, 2013
Citations: 320 Ga. App. 831; 740 S.E.2d 766; 2013 Fulton County D. Rep. 1157; 2013 Ga. App. LEXIS 287; 2013 WL 1223865; A12A2071
Docket Number: A12A2071
Court Abbreviation: Ga. Ct. App.
Log In