Wimes v. State
293 Ga. 361
| Ga. | 2013Background
- Wimes appeals convictions for felony murder and a firearm offense in connection with a July 13, 2008 shooting that killed Obiakor Onyemaechi.
- Indicted May 5, 2009 in Fulton County for felony murder, aggravated assault, and firearm during crime; trial held August 24–September 1, 2010; convicted on all charges.
- Sentence: life imprisonment for felony murder and five years for the firearm conviction; aggravated assault merged; motion for new trial denied in 2012; appeal submitted January 2013.
- Evidence at trial included a store shooting described by a witness; after arrest, Wimes cut his GPS monitor and attempted to flee while shooting a family friend.
- Testimony included Jerrod Ford’s statement about planning to rob the store and Christopher James’s admission of shooting; Wimes argued there was an undisclosed deal with James and that James’s testimony about charges was incorrect.
- Court held judgments affirmed; no reversible error found regarding Brady/James deal and impeachment issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an undisclosed deal with James violating Brady? | Wimes argues James had pending charges and a promise not to prosecute in exchange for testimony. | State and James’s attorney testified no deal existed; trial court credited this finding. | No error; no credible evidence of an agreement. |
| Did the State’s corrections to James’s testimony about charges matter? | James testified he faced robbery rather than armed robbery, which could impeach credibility. | James testified about his belief in his charges; trial court allowed extensive cross-examination; not perjury. | Not reversible; inaccurate charge description not material or perjurious. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (duty to disclose favorable information; due process)
- Giglio v. United States, 405 U.S. 150 (1972) (failure to disclose promises to key witness violates due process)
- Napue v. Illinois, 360 U.S. 264 (1959) (perjured testimony; due process violation if material)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard for conviction)
- Younger v. State, 288 Ga. 195, 702 S.E.2d 183 (2010) (duty to reveal agreements with witnesses in Georgia)