Summary
The Supreme Court of Georgia reversed Andrew Wilson’s murder and related convictions after finding that the trial court abused its discretion by admitting evidence of a prior armed robbery under Rule 404(b) to prove motive and common plan. While the court found the evidentiary error was not harmless, it determined the evidence was constitutionally sufficient to support most guilty verdicts, allowing retrial on those counts except for theft by receiving stolen property. The opinion also upheld the denial of Wilson’s motion to suppress cell phone records and location data.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in admitting evidence of Wilson’s 2011 armed robbery under OCGA §24‑4‑404(b) to show motive and common plan or scheme.
- If such error occurred, whether it was harmless beyond a reasonable doubt.
- Whether the trial court erred in denying Wilson’s motion to suppress cell‑phone records and location data.
- Whether the evidence was constitutionally sufficient to support the theft‑by‑receiving conviction.
Holdings
- The trial court abused its discretion by admitting the 2011 armed robbery evidence; the error was not harmless.
- The error was not harmless; it substantially contributed to the verdicts.
- The trial court did not err; the admission of the records was proper.
- The evidence was insufficient; the theft‑by‑receiving conviction is reversed and may not be retried.
- The evidence is constitutionally sufficient to support those convictions; Wilson may be retried on those counts.
Key quotations
“We conclude that the trial court abused its discretion in admitting evidence of Wilson’s 2011 armed robbery to show motive and common scheme and that the error was not harmless.” (at 215)
Factual background
In 2012 Gregory Harris was murdered and his home and vehicle were set on fire. Wilson and co‑defendant Hubbard were arrested and convicted of malice murder, kidnapping, arson and theft by receiving. The State also introduced evidence that Wilson had participated in a 2011 armed robbery of John Taylor’s condo, alleging it showed motive and a common plan or scheme.
Procedural history
Wilson was convicted in Fulton County Superior Court of multiple offenses. He appealed, arguing the trial court abused discretion by admitting evidence of a 2011 armed robbery under OCGA §24‑4‑404(b) and that the error was not harmless, and that the trial court erred in denying his motion to suppress cell‑phone records. The Supreme Court of Georgia reviewed the evidentiary rulings and the sufficiency of the convictions.
Remand instructions
Wilson may be retried on the murder, kidnapping, and arson counts but not on the theft‑by‑receiving count.