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Ballingerv.Watkins

CourtSupreme Court of Georgia
Docket No.S22A1187
DecidedDecember 20, 2022
Reporter315 Ga. 369; 882 S.E.2d 312; 2022 Ga. LEXIS 318; 2022 WL 17813597
JudgesPinson, J., authored the opinion; all Justices concurred.
Tags
CriminalHabeas CorpusJuror MisconductExtrajudicial ExperimentActual PrejudiceSixth AmendmentDeliberationsMurder ConvictionTales From the CryptMurder & MayhemBroken Convictions
Case Summary

Joseph Watkins was convicted of felony murder and other crimes in the 2000 shooting death of Isaac Dawkins. A central dispute at trial was whether cell-phone evidence placing Watkins outside the area at 7:15 p.m. left enough time for him to reach the crime scene before a 911 call at 7:19. During deliberations, a juror independently drove the route and concluded Watkins could have made it; the jury convicted the next morning. Years later, Watkins raised juror misconduct, Brady, and Napue claims in a second state habeas petition. The habeas court granted relief on multiple grounds. The Supreme Court of Georgia affirmed relief on the juror-misconduct claim, holding that the test caused actual prejudice because it supplied extra-record evidence on a central, disputed issue and affected at least the juror who performed it. The timing of the test and verdict supported that conclusion; the court did not need to find that the juror shared the result with others. Because this ground alone warranted habeas relief, the Court did not reach the remaining claims.

Opinion

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