Summary
The Supreme Court of Georgia affirmed Wapoinica Coggins's convictions for felony murder and criminal attempt to commit armed robbery. The court held that the evidence was sufficient to establish her participation as a party to the crimes, declined to review an unpreserved claim concerning an impermissible judicial comment, and rejected her ineffective-assistance claims.
Holdings
- The evidence was sufficient for the jury to find Coggins a party to the attempted armed robbery because she knew of and approved the planned robbery and aided it by bringing the victim to the location. The evidence was also sufficient to support felony-murder liability because the fatal shooting of the armed-robbery victim was a probable consequence of the robbery.
- The court would not review Coggins's claim that the trial court impermissibly commented on the evidence because she made no objection or motion for mistrial at trial.
- Coggins failed to establish ineffective assistance of counsel. Counsel's consultation with Coggins was a credibility issue the trial court was entitled to resolve against her; declining to request a Jackson-Denno hearing was not deficient where she offered no meritorious basis to challenge the voluntariness of her statements; and failing to seek a directed verdict was not deficient because the evidence was sufficient to support the convictions.
Questions Presented
- Whether the evidence was sufficient to support Coggins's convictions as a party to the attempted armed robbery and felony murder.
- Whether the trial court violated OCGA § 17-8-57 by expressing or intimating an opinion concerning the evidence or Coggins's guilt, and whether that issue was preserved for appellate review.
- Whether trial counsel provided ineffective assistance by allegedly failing to consult with Coggins after the mistrial, failing to move for a directed verdict, and failing to challenge the voluntariness of her statements or request a Jackson-Denno hearing.
Disposition
affirmed
Cases Cited (9)
- Burks v. State, 268 Ga. 504, 505, 491 S.E.2d 368 (1997)(followed)
- Hemphill v. State, 242 Ga. App. 751(1), 531 S.E.2d 150 (2000)(followed)
- Lobdell v. State, 256 Ga. 769(7), 353 S.E.2d 799 (1987)(followed)
- Austin v. State, 261 Ga. 550(1), 408 S.E.2d 105 (1991)(followed)
- Pickren v. State, 272 Ga. 421(8), 530 S.E.2d 464 (2000)(followed)
- Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)(followed)
- Mobley v. State, 271 Ga. 577, 523 S.E.2d 9 (1999)(followed)
- Byrd v. State, 274 Ga. 58(2), 548 S.E.2d 2 (2001)(followed)
- Robinson v. State, 210 Ga. App. 278(5), 435 S.E.2d 718 (1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…