Summary
The Supreme Court of Georgia affirmed Eric Hassel’s convictions for felony murder and related offenses arising from the shooting death of David Morris Lumpkin. The court held that the evidence was sufficient to establish Hassel’s participation as a party to the crimes, that trial counsel was not ineffective for failing to interview certain witnesses, and that a co-conspirator’s statements were properly admitted under the applicable hearsay exception. The court also rejected Hassel’s Confrontation Clause challenge.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Hassel's convictions when the evidence did not establish with certainty that he was the actual shooter.
- Whether trial counsel rendered ineffective assistance by failing to interview Rodney Shepard and Terrence White.
- Whether Shepard's recorded statements to Hankton were admissible as co-conspirator declarations under former OCGA § 24-3-5 and whether their admission violated Hassel's confrontation rights.
Holdings
- The evidence was sufficient to enable a rational trier of fact to find Hassel guilty beyond a reasonable doubt because, even if he was not the actual triggerman, the evidence supported his conviction as a party to the crimes.
- Hassel failed to establish ineffective assistance because counsel's failure to interview Shepard was attributable to Shepard's unavailability and counsel made a reasonable effort to locate White; Hassel also failed to show prejudice from the alleged omissions.
- Shepard's recorded statements to Hankton were admissible under former OCGA § 24-3-5 because they were statements by a co-conspirator made during the concealment phase of the conspiracy, and they were not testimonial under Crawford.
Key quotations
“While the evidence is unclear as to whether Hassel was the actual triggerman in the shooting, this uncertainty is of no consequence, as there was ample evidence to inculpate Hassel as a party to the crimes.” (at 6)
“To establish ineffective assistance of counsel, a defendant must show that his trial counsel’s performance was professionally deficient and that but for such deficient performance there is a reasonable probability that the result of the trial would have been different.” (at 7)
“The statements of Shepard, a co-conspirator, were made to Hankton after the shooting and while the identity of those complicit therein were still being concealed. Therefore, they clearly fall within the ambit of former OCGA § 24-3-5.” (at 10)
Factual background
David Morris Lumpkin was shot and killed at a residence in Athens, Georgia, after Hassel and Rodney Shepard had sought Lumpkin and attempted to lure him outside. Witnesses placed Hassel and Shepard at the residence shortly before the shooting and fleeing afterward; Hassel was later seen handing Shepard an automatic handgun that forensic testing linked to the shooting. Evidence also included Hassel's letter to an investigator and statements to a witness indicating participation in a plan to confront Lumpkin. Shepard's recorded statements to Hankton acknowledged his and Hassel's involvement and described disposal of the murder weapon.
Procedural history
An Athens-Clarke County grand jury indicted Hassel and co-indictee Rodney Shepard in January 2008. After the Supreme Court of Georgia affirmed the denial of Hassel's plea in bar and motion to dismiss on speedy-trial grounds, Hassel was tried separately and convicted of felony murder, firearm possession during the commission of a crime, and firearm possession by a convicted felon; he was acquitted of malice murder and an associated firearm-possession count. The trial court denied Hassel's amended motion for new trial on April 20, 2012, and Hassel appealed. The Supreme Court of Georgia affirmed.