Willis v. State
309 Ga. App. 414
| Ga. Ct. App. | 2011Background
- Willis was convicted by a Fulton County jury of three counts of armed robbery under OCGA § 16-8-41(a).
- The robberies occurred within about three weeks in the same area and followed a similar MO: a man approached pedestrians during daylight, pointed a revolver, demanded money or property, and fled.
- First robbery: July 3 at a bus stop; victim robbed at gunpoint and later identified Willis from mug shots and by a driver who saw him in a car.
- Second robbery: July 14; victim was robbed and later identified Willis in a six-person photo array.
- Third robbery: July 25; victim robbed, later identified Willis in a photo array; Willis was stopped July 26 in a Blazer, a 9mm gun found on him, and a cell phone belonging to the third victim was recovered.
- Evidence included witnesses’ in-court identifications of Willis as the robber and possession of the third victim’s cell phone and firearms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for armed robbery | Willis argues evidence is insufficient to prove each armed robbery. | Willis contends the State failed to prove use of a handgun and identity beyond reasonable doubt. | Evidence sufficient; each offense proven beyond a reasonable doubt. |
| Whether the trial court erred in denying severance | Three robberies should have been severed to avoid prejudice from third-party evidence. | Severance unnecessary given the similar MO and limited complexity. | No abuse of discretion; joinder proper. |
| Admissibility of in-court identifications amid pretrial identifications | Pretrial identifications tainted in-court identifications. | In-court identifications tainted by pretrial procedures. | Identifications had independent origin; admissible. |
| Admission of testimony about the handgun | Discrepancy about who recovered the handgun undermines credibility and should have been excluded. | Discrepancy is credibility issue, not reversible error. | No error; credibility for jury to resolve. |
| Ineffective assistance and related trial errors | Counsel's performance and certain prosecutorial actions prejudiced Willis. | Errors, if any, were not prejudicial; other evidence supported guilt. | Claims fail; no reversible prejudice established; some issues deemed non-error or non-prejudicial. |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (2004) (standard for sufficiency after conviction—no weighing of credibility)
- Fielding v. State, 299 Ga.App. 341 (2009) (two-part severance inquiry; abuse of discretion review)
- Gadson v. State, 223 Ga.App. 342 (1996) (abuse of discretion in severance when appropriate)
- McLester v. State, 249 Ga.App. 71 (2001) (evidence of handgun sufficiency in armed robbery cases)
- Doublette v. State, 278 Ga.App. 746 (2006) (independent origin of identification after tainted pretrial ID)
- Brodes v. State, 279 Ga. 435 (2005) (level of certainty instruction deemed reversible error when only eyewitness testimony linked defendant)
- Rosser v. State, 284 Ga. 335 (2008) (prosecutor's comment on silence analysis factors)
- Swanson v. State, 282 Ga. 39 (2007) (level of certainty instruction unlikely to contribute to verdict where corroborating evidence exists)
- Pearson v. State, 277 Ga. 813 (2004) (perceived comments on silence; justification analysis)
- Copeland v. State, 281 Ga.App. 11 (2006) (failure to object to meritless objection not ineffective assistance)
- Tarvestad v. State, 261 Ga. 605 (1991) (trial court should charge defense when evidence supports)
- Scott v. State, 250 Ga. 195 (1982) (uncounseled prior conviction and recidivist statutes)