Wingster v. State
295 Ga. 725
Ga.2014Background
- Wingster, a convicted felon, shot Mark Boston at a gas station circa 9:00pm on Nov. 24, 2007, killing him.
- A jury convicted Wingster of malice murder, felony murder, and other offenses; sentence included life imprisonment.
- Prosecution evidence showed Wingster fired at Boston in view of multiple witnesses; gunshot wounds caused Boston’s death.
- Wingster challenged sufficiency of the evidence, juror-for-cause denial, and alleged ineffective assistance of counsel.
- Closing arguments referenced phone calls and a potential prostitute companion; police and trial testimony linked to the claims.
- On appeal, the Georgia Supreme Court affirmed the convictions and rejected Wingster’s ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Wingster argues evidence insufficient | State contends evidence supports guilt | Evidence sufficient beyond reasonable doubt |
| Denial of strike for juror 19 for cause | Juror 19 should have been struck | Court properly denied for-cause strike | No manifest abuse; juror not incapable of fair trial |
| Ineffective assistance—lineup and testimony issues | Counsel failed to object to lineup and testimony | Counsel acted competently; motions were or would have been unsuccessful | No ineffective assistance; claims failure |
| Ineffective assistance—custodial statements and Miranda | Counsel failed to challenge custodial statements | No record of invocation communicated to counsel; no deficiency | No deficient performance; invocation not shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence against a criminal defendant)
- Abdullah v. State, 284 Ga. 399 (Ga. 2008) (juror-for-cause discretion; no abuse without fixed opinion)
- Williams v. State, 286 Ga. 884 (Ga. 2010) (lineup not unduly suggestive; reliability of identification)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (independent review of trial court's findings on credibility)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance)
- Ford v. State, 290 Ga. 45 (Ga. 2011) (documenting defense counsel's duty to move to suppress)