Coley v. State, 305 Ga. 658

Summary

Coley v. State, 305 Ga. 658 (2019), affirmed a malice murder conviction, holding that accomplice testimony was sufficiently corroborated by circumstantial evidence including the defendant's presence at the scene, DNA on a t-shirt near the murder weapon, and a bloodstain on his jeans. The court ruled that a mistrial motion based on improper character evidence was waived because it was not made contemporaneously with the testimony. The trial court did not err in giving a party-to-a-crime jury instruction where evidence showed shared criminal intent through companionship and conduct before, during, and after the crime. Any error in allowing an alternate juror in the jury room during deliberations was waived by the defendant's agreement, and claims of ineffective assistance of counsel failed for lack of deficient performance or prejudice.

Holdings

1. The evidence was sufficient to support the conviction. There was more than slight independent evidence corroborating accomplice Lawson's testimony, including Coley's admission to being at the scene, his DNA on the t-shirt near the gun, a bloodstain on his jeans, and neighbor testimony. The evidence viewed in the light most favorable to the verdict supported a rational finding of guilt beyond a reasonable doubt.
2. The issue was not preserved for appellate review because Coley did not make a contemporaneous motion for mistrial at the time of the complained-of testimony.
3. The trial court did not err in charging the jury on party to a crime because there was sufficient evidence to support the instruction.
4. Any error was waived because Coley agreed to the alternate juror's presence in the jury room during deliberations.
5. Coley failed to establish that his trial counsel was ineffective. For each sub-claim, he either did not show deficient performance or did not show prejudice.

Questions Presented

1. Whether the evidence was sufficient to support the conviction for malice murder, including whether accomplice testimony was sufficiently corroborated.
2. Whether the trial court erred in denying a motion for mistrial after testimony about Coley's arrest for sale of cocaine and probation violation.
3. Whether the trial court erred in charging the jury on party to a crime.
4. Whether the trial court erred by allowing the alternate juror into the jury room during deliberations.
5. Whether trial counsel was ineffective for: (a) refusing a curative instruction, (b) failing to have the firearm and magazine fingerprinted, and (c) failing to move for a more representative jury.

Disposition

affirmed