Wright v. State
296 Ga. 276
Ga.2014Background
- In 2008, Wright and two accomplices robbed Lard; Brown fired a shot and one firearm casing linked to subsequent crimes was recovered.
- On June 20, 2008, Wright and Brown targeted four Hispanic men for a robbery; Brown carried a .40 caliber pistol and participated in the attempted robbery.
- During the encounter in Sedona Falls, Carbajal was shot and killed by Brown; Wright drove away after signaling Brown and Stokes to return to the car.
- Mora and Turner pursued Wright’s car; Turner confronted the occupants; a .40 caliber pistol recovered later matched the cartridge at the Lard and Carbajal scenes.
- Brown later testified about Wright’s involvement; at Wright’s trial, Brown claimed Wright had foreknowledge, while at a prior hearing he testified differently.
- Stokes, who pled guilty to murder and armed robbery, testified at Wright’s trial but claimed his pleas were coerced; his plea transcript was read to impeach him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of 2004 Norris incident evidence | Norris act used to prove character; improper under 404(b). | Similar acts show course of conduct and bent of mind; admissible. | Court did not abuse discretion; similarities supported admissibility. |
| Use of Stokes plea transcript for impeachment | Premature or improper; violates confrontation rights. | Transcript admissible under impeachment and refreshment rules. | Admissible under 24-9-82; confrontation issue not preserved. |
| Sufficiency of evidence to support guilt | No direct identification; insufficient for PW credibility. | Eyewitness testimony and party liability support conviction. | Evidence sufficient to convict; jury credibility preserved. |
| Effective assistance of counsel | Counsel failed to call witnesses and introduce certain records. | No showing of prejudice; strategic decisions reasonable. | No reversible error; defense lacked demonstrated prejudice. |
Key Cases Cited
- Johnson v. State, 289 Ga. 106 (2011) (prior inconsistent statements admissible; no denial requirement)
- Wilkins v. State, 291 Ga. 483 (2012) (impeachment standards for former statements; coherence with 24-9-82)
- Mathis v. State, 279 Ga. 100 (2005) (affirmative standard for admitting evidence; Bruton rationale)
- Hall v. State, 292 Ga. 701 (2013) (preservation and waiver of evidentiary objections)
- Bruton v. United States, 391 U.S. 123 (1968) (inadmissibility of antagonist statements in joint trial)
- Boykin v. Alabama, 395 U.S. 238 (1969) (requirements for knowing, voluntary, intelligent guilty plea)
- State v. Evans, 265 Ga. 332 (1995) (plea transcript impeachment limitations and redaction considerations)
