Wimberly v. State
302 Ga. 321
Ga.2017Background
- On July 29, 2014 Christopher Strickland was shot and killed after an altercation at Josh and Brittney Strickland’s home involving appellant William Leroy Wimberly. Wimberly appeared intoxicated that evening and had previously threatened Josh over disciplining Wimberly’s granddaughter.
- Wimberly was ejected from the home after pulling a pocketknife; he returned ~15 minutes later in a truck, confronted Josh and Christopher, and at some point a handgun was displayed and a struggle ensued.
- Josh testified he saw a gun in Wimberly’s hand when he jumped off the porch, struggled to gain control of it, felt blood on the ground, and later heard the victim say Wimberly shot him; the fatal wound was an intermediate-range chest shot.
- A bench trial (Aug. 14, 2015) convicted Wimberly of felony murder, aggravated assault, and possession of a firearm during the commission of a felony; sentence: life + 5 years (aggravated assault merged). Motion for new trial denied; appeal followed.
- At post-trial/new-trial hearing, witnesses offered testimony (some inconsistent) that could bear on who fired and on scene dynamics; a post-trial witness claimed Josh confessed to shooting his brother, but that evidence was presented only after sentencing.
Issues
| Issue | Wimberly's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Wimberly shot the victim | Evidence did not establish Wimberly fired the shot; witnesses saw a struggle over the gun and Josh said he did not see the shot | Trial evidence (gun in Wimberly’s hand, victim found shot at arm’s length, victim’s statements, Josh’s testimony) permitted a rational factfinder to conclude Wimberly fired | Court: Evidence sufficient to support convictions (Jackson standard) |
| Ineffective assistance — failure to call convenience-store witnesses and others | Trial counsel should have called four witnesses whose new-trial testimony would have supported an alternate narrative | Counsel’s witness-selection was reasonable trial strategy; witnesses’ testimony was inconsistent or cumulative and would not likely change outcome | Court: No deficient performance shown; no prejudice established |
| Ineffective assistance — failure to object to testimony about prior threats (OCGA § 24-4-404(b)) | Admission of prior threat testimony was improper and notice was required | Evidence of prior threat was intrinsic (inextricably intertwined / part of the narrative) and admissible, so no 404(b) violation | Court: No error; admission proper as intrinsic evidence |
| Motion for new trial — newly discovered evidence (post-trial alleged confession by Josh) | New witness would have testified Josh admitted shooting his brother, which would likely produce a different verdict | Post-trial testimony only serves to impeach Josh; Timberlake requires evidence not be merely impeaching | Court: Denial affirmed — evidence impeaching only; Timberlake requirement (no sole impeachment) not met |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-evidence standard)
- Strickland v. Washington, 466 U.S. 668 (establishes ineffective-assistance two-prong test)
- Timberlake v. State, 246 Ga. 488 (sets requirements for new trial on newly discovered evidence)
- Dougherty v. State, 341 Ga. App. 120 (appellate review standard for bench-trial convictions)
- Brewner v. State, 302 Ga. 6 (intrinsic evidence and probative-prejudicial balancing)
- Chance v. State, 291 Ga. 241 (newly discovered impeachment evidence insufficient for new trial)