Wilson v. State
306 Ga. App. 827
| Ga. Ct. App. | 2010Background
- Cedric Rockamore and Anthony Wilson were convicted of armed robbery, burglary, four counts of aggravated assault, and possession of a firearm in the commission of a felony.
- Their motions for new trial were denied, and they appealed raising ineffective assistance of counsel issues (Rockamore also raised general grounds).
- Case No. A10A0864 concerns Rockamore; eyewitness/victim testimony and an accomplice’s account were used to support guilt despite lack of direct corroboration.
- Howell, an accomplice, testified that Rockamore and Wilson planned and participated in the robbery; other witnesses linked the defendants to the crime (including Taylor’s girlfriend and forensic evidence).
- For Rockamore, the jury considered corroboration sufficient where victims’ descriptions and other witnesses’ testimony aligned with Howell’s account, including a gunshot incident at the door and firearms involved.
- Case No. A10A0863 concerns Wilson; Wilson challenged the need for a Jackson-Denno hearing and challenged testimony about marijuana purchases and the witnesses’ testimony related to motive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of corroboration for accomplice testimony | Rockamore argues accomplice Howell’s testimony is uncorroborated. | State contends slight corroboration from victims’ and other witnesses’ testimony suffices. | Any corroboration suffices if any evidence links to crime. |
| Effectiveness of counsel—failure to object to bolstering/credibility arguments | Rockamore claims trial counsel failed to object to prosecutor bolstering Howell’s credibility. | State asserts closing argument wide latitude; objections would have been strategic and meritless absent stronger grounds. | Counsel's conduct presumed strategic; no ineffective assistance established without testimony showing deficient performance. |
| Effectiveness of counsel—credibility instruction and cross-examination strategy | Rockamore asserts failing to object to judge-deciding credibility mattered. | Trial strategy and defense cross-examination opened the line; no reversible error given jury instruction and lack of prejudice. | No ineffective assistance shown; questions were strategic, and jury instructions maintained credibility determinations. |
| Effectiveness of counsel—Wilson’s Jackson-Denno and related testimony objections | Wilson asserts trial counsel should have sought a Jackson-Denno hearing and objected to certain testimony. | State argues Wilson's statements were permissible; waiver of rights and motive evidence were properly admitted. | No deficient performance proven; Miranda waiver and admissible motive evidence support admission. |
Key Cases Cited
- Barnett v. State, 244 Ga.App. 585 (2000) (accomplice corroboration sufficiency review by jury)
- Meridy v. State, 265 Ga.App. 440 (2004) (minor corroboration suffices if evidence connects defendant to crime)
- Drew v. State, 256 Ga.App. 391 (2002) (cannot go behind verdict; any corroboration supports conviction)
- Brown v. State, 293 Ga.App. 633 (2008) (prosecutor closing argument inferences about credibility allowed)
- Navarro v. State, 279 Ga.App. 311 (2006) (prosecutor may argue witness credibility from evidence)
- Cheney v. State, 233 Ga.App. 66 (1998) (prosecutor may not comment on defendant’s silence; related discussion)
- Mitchell v. State, 250 Ga.App. 292 (2001) (Jackson-Denno considerations; waiver context)
- Bunkley v. State, 278 Ga.App. 450 (2006) (no suppression challenge without meritorious basis)
- Jackson v. State, 281 Ga.App. 506 (2006) (trial counsel’s decisions reviewed for effectiveness)
- Westmoreland v. State, 192 Ga.App. 173 (1989) (invited error doctrine in ineffective-assistance analysis)
- Matiatos v. State, 301 Ga.App. 573 (2009) (mistrial strategy as trial tactic)