Caldwell v. State

Summary

The Supreme Court of Georgia reversed Willie Caldwell’s felony-murder convictions arising from the shooting death of Ricardo McPherson. The court held that the evidence could support a finding that the key witness was not an accomplice, but that the prosecutor’s improper closing argument concerning the witness’s non-indictment required a curative instruction. Because the State failed to show the error was harmless, the convictions were reversed.

Holdings

1. When the evidence permits the jury to find that a witness was not an accomplice, and the jury was properly instructed on accomplice status and corroboration, the witness's testimony may be sufficient to support a conviction without corroborating evidence, even when the general verdict does not reveal whether the jury found that the witness was an accomplice.
2. The trial court erred under OCGA § 17-8-75 by refusing to give a curative instruction after the District Attorney made prejudicial closing arguments concerning matters not in evidence, including his authority and asserted determination that Williams was not an accomplice.
3. The failure to give the requested curative instruction was harmful nonconstitutional error requiring reversal.

Questions Presented

1. Whether the evidence was legally sufficient under OCGA § 24-14-8 where the State's principal witness may have been an accomplice and her testimony was not corroborated.
2. Whether the trial court erred under OCGA § 17-8-75 by refusing to give a curative instruction after the District Attorney argued matters outside the evidence concerning his authority to decide whom to indict and his determination that Williams was not an accomplice.
3. Whether the failure to give a curative instruction was harmless.

Disposition

reversed