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Gifford v. State

Admission of a deceased victim's statements to police violated the defendant's confrontation right, since the victim's testimonial hearsay was the only direct evidence of the armed robbery in question.

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A jury found Solomon Gifford guilty of two counts of armed robbery. On appeal, Gifford claims that the trial court erred by admitting hearsay evidence, alleges that he received ineffective assistance of counsel, and challenges the sufficiency of the evidence. Having reviewed the record, we conclude that the trial court erred in admitting hearsay evidence, and thus we must reverse Gifford’s convictions. Viewed favorably to the verdict,1 the evidence shows that Tangilar McLowery was working as a cashier at a Holiday Market in Valdosta on December 15, 2001. A male customer approached the counter with a 12-pack of beer, and McLowery rang up the sale. The man, armed with a box cutter, leaned across the counter and demanded money from the cash drawer. After McLowery complied, the man retrieved the video surveillance tape from the security camera and fled with the cash, warning the cashier not to call the police.

On December 16, 2001, Officer Christopher Hasty responded to an armed robbery call at a Valdosta gas station. The store clerk, Prahladbhai Patel, told Hasty that a man entered the BP station, brought a bag of potato chips and a beverage to the cash register, and requested a pack of cigarettes. When Patel opened the register, the man reached across the counter, grabbed Patel by the shirt, produced a box cutter, and demanded the money from the register. Patel pulled away and called 911, and the man fled with the money, leaving the other items on the counter. As he left, the assailant stated, “no police, no police.”

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