Deloatch v. State

The state violated the defendant's Sixth Amendment right to confrontation when it placed before the jury the content of two similar transaction co-defendant's statement implicating the defendant in the prior crimes and the co-defendant invoked his right against self-incrimination on the stand.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a jury trial, Donald Jean Deloatch was convicted of aggravated assault and armed robbery.1 On appeal, Deloatch argues that his Sixth Amendment right to confront witnesses was violated when the trial court permitted the testimony of an alleged co-defendant in two similar transactions. We agree and reverse. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence.”2 So viewed, the evidence shows that on October 12, 2006, Cody Wilcox was employed as a clerk at a gas station in Coweta County. Wilcox testified that a man entered the store and asked for two packs of cigarettes, which Wilcox placed on the counter. As the man picked up other items in the store and Wilcox began to scan the items and place them in a bag, the man pointed a black semi-automatic pistol at him, demanding that he put the cash in the bag. Wilcox recalled that the man wore dirty khaki pants and a green, hooded sweatshirt. After Wilcox put the money into the bag, the man took the bag and left the store. Wilcox testified that he hit the panic button and called the police and that he thought the man left the scene on foot.

Lieutenant John Lewis of the Coweta County Sheriff’s Office testified that he interviewed Wilcox on the day of the robbery and that Wilcox described the suspect as a black male who looked like he may have been homeless. As a part of his investigation, Wilcox tried to obtain fingerprints from all objects touched by the perpetrator and sent them to the Georgia Crime Lab, but the prints did not yield any identification information.

Deloatch v. State

The state violated the defendant's Sixth Amendment right to confrontation when it placed before the jury the content of two similar transaction co-defendant's statement implicating the defendant in the prior crimes and the co-defendant invoked his right against self-incrimination on the stand.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report