Wingate v. State, 296 Ga. 21

Wingate was convicted in Bibb County for malice murder and armed robbery of his godfather, Michael Wilkins.
A Macon trip on Jan 23, 2010, with co-defendants culminated in Wilkins’s death and money taking.
Witnesses testified Wingate and co-defendants talked about taking money; Wingate returned with cash after the visit.
Police found Wilkins dead Jan 25; the scene showed limited forced entry, cash largely untouched, but a moved mattress and open safe.
Evidence included gun-related items (cartridge and shell casings), possession of a semi-automatic gun, and Wingate’s proximity to Wilkins’s home based on calls and GPS.
Wingate was later arrested on a marijuana charge; $1,817 was found on him five days after the Macon trip, leading to a suppression dispute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support murder and robbery convictions	Wingate argues the evidence is largely circumstantial and his relationship with Wilkins negates intent.	State asserts the jury could reasonably infer guilt from direct and circumstantial evidence, including money transfer and getaway.	Evidence was sufficient to support convictions.
Whether the $1,817 found at school should have been admitted	Wingate contends the money was fruit of an unlawful seizure and must be suppressed.	State argues the money was admissible as a seizure incident to a lawful arrest or abandonment.	Trial court erred in not suppressing the money; however, error deemed harmless.
Whether the handcuffing at the school transformed the encounter into a seizure warranting suppression	Wingate contends handcuffs made him seized when left unattended, tainting the subsequent search.	State contends handcuffs did not convert the encounter into a seizure; authorities acted appropriately for safety.	Wingate was unlawfully detained when left handcuffed; subsequent search tainted, but harmless error.
Ineffective assistance of counsel for not calling Milton Brooks	Brooks’s testimony could have implicated an unknown vehicle driver seen near Wilkins’s truck.	Counsel’s failure to pursue Brooks was an oversight without prejudice to outcome.	No reasonable probability the outcome would change; claim fails.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for criminal conviction)
Vega v. State, 285 Ga. 32 (Ga. 2009) (credibility and conflicts in witness testimony; close relationships do not negate guilt)
Ramirez v. State, 279 Ga. 569 (Ga. 2005) (harmless error review for Fourth Amendment violations)
State v. Alexander, 245 Ga. App. 666 (Ga. App. 2000) (fruits of an unlawful arrest not admissible)
Edwards v. State, 239 Ga. App. 44 (Ga. App. 1999) (abandoned property doctrine; coercive abandonment can justify suppression)
Jones v. State, 126 Ga. App. 841 (Ga. App. 1972) (fruits of an unlawful search cannot be used as basis for arrest)
Bolden v. State, 278 Ga. 459 (Ga. 2004) (handcuffs during noncustodial encounter; not decisive here)
Smith v. State, 281 Ga. 185 (Ga. 2006) (handcuffed during transport; no unlawful seizure in that context)
Stringer v. State, 285 Ga. 842 (Ga. 2009) (handcuffs may be permissible in investigatory stop under certain circumstances)
In re D.H., 285 Ga. 51 (Ga. 2009) (encounters with police and need for reasonable suspicion)
Stafford v. State, 284 Ga. 773 (Ga. 2008) (second-tier stop requires reasonable suspicion)
Hunter v. Lee, 244 Ga. App. 488 (Ga. App. 2000) (dicta on detaining suspects at gunpoint outside search area)
State v. Fisher, 293 Ga. App. 228 (Ga. App. 2008) (seizure analysis in appellate context)