315 Ga. 490
Ga.2023Background
- March 7, 2015: Martrell Gay was shot and later died; surveillance shows a handgun shooter with multi-colored dreadlocks.
- Williams (who had red/white/blue dreadlocks) was identified by a cousin from the video; motive alleged from a prior $900 robbery.
- Police obtained a warrant for Verizon records (CSLI) for Williams’s number covering Feb. 27–Mar. 9, 2015; the warrant listed only "Verizon Wireless, 07921, Bedminster, NJ" as the location.
- At trial the State introduced video, witness testimony, and CSLI placing Williams in the area; Williams was convicted of felony murder and firearm possession.
- On appeal Williams argued (1) the CSLI warrant lacked sufficient particularity under the Fourth Amendment and (2) the trial court erred by not instructing the jury that accomplice testimony requires corroboration; both claims reviewed for plain error because no timely objections were made.
Issues
| Issue | Plaintiff's Argument (Williams) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of CSLI — warrant particularity | Warrant named only a zip code/Verizon office, allowing overly broad search of provider premises; Fourth Amendment violation | No controlling authority requires a warrant to identify a specific physical provider building for electronic records accessed via a portal; any error not clear or obvious | No plain error; Court found no controlling precedent requiring particularized physical-location description and affirmed admission |
| Failure to give accomplice-corroboration instruction (OCGA § 24-14-8) | Davis was an accomplice; single-witness rule required jury instruction; omission was plain error | Davis’s testimony was corroborated by surveillance, CSLI, and other witnesses, so omission did not affect substantial rights | No plain error; testimony was independently corroborated and verdict likely unchanged |
Key Cases Cited
- Carpenter v. United States, 138 S. Ct. 2206 (2018) (CSLI searches implicate Fourth Amendment privacy interests and warrant requirement)
- Bryant v. State, 301 Ga. 617 (2017) (warrant particularity requirement under Georgia law)
- Vaughan v. State, 141 Ga. App. 453 (1977) (situation involving insufficiently particular physical address in a warrant)
- United States v. Williamson, 1 F.3d 1134 (10th Cir. 1993) (concerning geographic misdescription in a physical-search warrant)
- Wilson v. State, 291 Ga. 458 (2012) (definition and limits of plain error review)
- Payne v. State, 314 Ga. 322 (2022) (plain-error standard and prong analysis)
- McKibbins v. State, 293 Ga. 843 (2013) (felony conviction cannot rest solely on uncorroborated accomplice testimony)
- Hawkins v. State, 304 Ga. 299 (2018) (failure to instruct on accomplice corroboration may be harmless where testimony is corroborated)