Blackwell v. State
CourtSupreme Court of Georgia
Date FiledNovember 3, 2026
DocketS26A1628
StatusPublished
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Full Opinion
NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the
opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any
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official text of the opinion.
In the
Supreme Court of Georgia
No. S26A1628
Blackwell
v.
The State
On Appeal from the Superior Court of Fulton County
No. 23SC188905-01
Decided: November 3, 2026
MCMILLIAN, Justice.
Alice Blackwell appeals from her convictions for felony
murder and other crimes in connection with the death of Carl
Phillips. 1 Blackwell asserts that (1) the trial court violated OCGA
1 The crimes were committed on April 12, 2022. In January 2024, a
Fulton County grand jury indicted Blackwell for malice murder (Count 1), fel-
ony murder (Counts 2, 4, and 6), arson in the first degree (Counts 3 and 5), and
criminal damage to property in the first degree (Count 7). At a jury trial held
in April 2024, Blackwell was found guilty of all counts except Count 1, on which
she was found not guilty. On April 26, 2024, the trial court sentenced Blackwell
as a recidivist under OCGA § 17-10-7(a) and (c) to serve life in prison without
the possibility of parole for felony murder and a concurrent ten-year term for
criminal damage to property in the first degree; the remaining counts either
merged for sentencing purposes or were vacated by operation of law. Blackwell
timely filed a motion for new trial, which was amended through new counsel
in January 2026. Following a hearing, the trial court denied the motion, as
amended, on January 27, 2026. Blackwell timely filed a notice of appeal, and
her case was docketed to the term of this Court beginning in August 2026 and
submitted for a decision on the briefs.
§ 17-8-57 by commenting “we’re trying to get the story straight”
and “I’m going to let him try to get to the bottom of this” when
defense counsel objected to the State’s cross-examination of
Blackwell; and (2) trial counsel was constitutionally ineffective
for failing to object to the trial court’s comments under OCGA §
17-8-57. For the following reasons, we affirm.
The evidence introduced at trial showed that James Love-
lace owned a house located on Chappell Road Northwest in At-
lanta. Lovelace allowed Phillips to stay at the house. Lovelace
also allowed David Hunter to stay at the house overnight some-
times. Lovelace had known Blackwell for a couple of years and
saw her “on and off.”
On or around April 11, 2022, Lovelace messaged Blackwell
on Facebook offering to take her shopping for her birthday that
day. They agreed to meet up in Jonesboro at his cousin’s home
where Lovelace was staying at the time. Blackwell drove to the
Jonesboro house in her white Volkswagen van to meet up with
Lovelace. Lovelace and Blackwell then went shopping, and he
bought her clothes, paid to get her nails and hair done, and gave
her money. After they went shopping, they went to the Chappell
Road house in Atlanta because Blackwell wanted to shower and
change clothes.
At some point, Blackwell and Lovelace got into an argu-
ment, and Lovelace demanded that Blackwell take him back to
the Jonesboro house, which she did. At the Jonesboro house,
Blackwell and Lovelace got into a physical altercation about
whether Lovelace took Blackwell’s birthday money, which re-
sulted in Blackwell attempting to run over Lovelace with her van
several times. Lovelace testified that he then heard Blackwell tell
someone on the phone, “Come and shoot his house up.” Shortly
after the physical altercation, both separately drove away from
2
the Jonesboro house.
Later that evening, Blackwell went to the Chappell Road
house; her ankle monitor showed that she arrived at the Chappell
Road house at 1:01 a.m. and left at 1:06 a.m. 2 A license plate read-
ing camera also captured Blackwell’s vehicle traveling towards
the Chappell Road house around this time. Cell phone records
show that at 1:09 a.m., Lovelace’s phone, which was still in Jones-
boro, attempted to call Blackwell’s phone, which was near an In-
terstate 20 interchange in Atlanta. Lovelace’s “vehicle was not
captured on any license plate reading cameras in the City of At-
lanta around the time this incident occurred.”
On the early morning of April 12, Hunter and Phillips were
inside the Chappell Road house. Hunter was covering his head
with a blanket to stay warm, obscuring his vision, when he heard
“a van pull up” and heard doors open and close, including another
door “slide[] and slam.” He then heard “somebody walk down the
side of the house” and a “boom, sizzling,” and after he heard the
“boom,” he took the blanket off, saw black smoke from a fire, and
left the house through the back door. At the time, Hunter did not
see anyone or any vehicles outside the house. Phillips, who was
partially blind, was still in the house when the fire started. Two
911 calls were placed at approximately 1:08 a.m. about a fire at
the Chappell Road house, and the fire department arrived shortly
after. Hunter told the firefighters Phillips was still in the house.
One firefighter pulled some boards off the house and saw an indi-
vidual, later identified as Phillips, inside on the floor, not moving.
The firefighter removed Phillips from the house, and CPR was
2 The record does not indicate why Blackwell was wearing an ankle
monitor.
3
performed until an ambulance arrived and took him to the hospi-
tal. Phillips arrived at the hospital with no heartbeat and soot in
his nostrils and throat. Phillips was pronounced dead at the hos-
pital, and his cause of death was attributed to smoke inhalation
and carbon monoxide toxicity from a fire. The manner of death
was classified as a homicide.
Later that morning, Hunter went to the vacant lot beside
the Chappell Road house and saw two bottles with gasoline-
doused rags inside, referred to as Molotov cocktails; one showed
signs of burning, and the other did not. Hunter noted the odor of
gasoline. Hunter gave the two bottles 3 to the investigators, who
then found an additional bottle with a substance that tested pos-
itive for an ignitable liquid. The fire investigator noted that the
front porch was heavily charred and that most of the house had
smoke staining. The fire investigation determined that the source
of the fire came from outside the wall on the front porch area. The
investigation concluded that the fire was not started from
weather or natural causes, an electrical or gas fire, a cigarette, a
water heater, the fireplace, the microwave, or the stove. Ulti-
mately, the investigation determined that the “fire was incendi-
ary” and that the ignition source “was brought to the [Chappell
Road house] by an individual.” The fire investigator spoke with
Blackwell on the phone approximately a week after the fire, and
she denied setting the fire. By the time of the trial, no one had
“come forward saying they witnessed who started the fire.”
1. Blackwell contends that the trial court violated OCGA §
17-8-57 when defense counsel objected during Blackwell’s cross-
examination on the grounds that the questions were asked and
3 Fingerprint analysis was requested for only these two bottles, and no
“potentially suitable” fingerprints were found on them. «V4. 176, 224»
4
answered, and the trial court responded by stating, “I mean, we
are trying to get the story straight” and “I’m going to let him try
to get to the bottom of this.”
On May 3, 2022, City of Atlanta Police Detective Scott
Demeester interviewed Blackwell. At trial, Detective Demeester
testified about his interview, during which Blackwell described
the events of April 11 and 12, including that after the altercation
with Lovelace about the birthday money at the Jonesboro house,
she claimed that Lovelace followed her from the Jonesboro house
to the Chappell Road house. Blackwell also alleged that Lovelace
was at the Chappell Road house when she returned there and
that she “tr[ied] to get her belongings” but “[Lovelace] was not
allowing her to go inside the house.” She then claimed that Love-
lace threw a gas can at her and that Lovelace was smoking a cig-
arette.
However, during her direct examination at trial, Blackwell
testified that she initially thought somebody other than Lovelace,
whom she did not know, was at the Chappell Road house “yelling,
looking for [Lovelace]” and that person threw the gas can at her.
Blackwell then admitted that she told Detective Demeester that
Lovelace was at the Chappell Road house even though she knew
it was not him. During the State’s cross-examination, Blackwell
admitted that she lied when she told Detective Demeester that
Lovelace had followed her from the Jonesboro house to the Chap-
pell Road house. Blackwell also conceded that she said that Love-
lace threw the gas can at her “[b]ecause, initially, I did think it
was [Lovelace] at first. I thought he had something to do with it
and so I said it was him,” but “when he started talking, I knew it
wasn’t [Lovelace].” This exchange then occurred:
STATE: All right. So when you left Chappell Road,
you knew that … was not [Lovelace]; correct?
5
BLACKWELL: Yes, I did.
STATE: Okay. And so when you met with Detective
Demeester, you lied and said that [Lovelace] had fol-
lowed you all the way from Clayton County to his
home on Chappell Road. That was a lie that you told
Detective Demeester; correct?
BLACKWELL: I admitted that I lied because I was
afraid for my safety. That’s why I lied. I admitted
that I lied, and it was wrong for me to lie, but I was
scared for my safety. I mean, what was I supposed
to do. I didn’t know this man.
…
STATE: All right. Well, hold on. You didn’t just tell
Detective Demeester that [Lovelace] was there. You
told Detective Demeester that [Lovelace] threw gas
at you; right?
BLACKWELL: Yeah. I did.
TRIAL COUNSEL: Objection, Your Honor –
BLACKWELL: I did.
TRIAL COUNSEL: He’s asked her this three times.
COURT: I mean, I think we’re trying to get the story
straight, so.
…
BLACKWELL: I did. Yeah. We had already got it
6
straight–
COURT: -- attitude. 4
(Emphasis supplied.) The State then questioned Blackwell about
why she claimed Lovelace had a cigarette in his mouth at the
time, suggesting that she was trying to implicate Lovelace in the
fire. Blackwell denied that she was trying to suggest that Love-
lace started the fire. This exchange followed:
STATE: Why did you have to bring [Lovelace] into it
at all?
BLACKWELL: Why I had to bring him into it at all?
STATE: Why did you have to?
BLACKWELL: It’s his home. I didn’t know nobody
else. I don’t know none of these people but him.
STATE: But why did you have to say that you saw
anybody there?
BLACKWELL: Because the fact is he – I don’t know
nobody else but him.
STATE: But you knew it wasn’t him. You knew he
wasn’t there; right?
BLACKWELL: Yeah. But the same reason why –
same reason why he knew I didn’t.
4 The transcript indicates that there were “simultaneous speakers” during
this exchange, which may account for the trial court’s response.
7
TRIAL COUNSEL: Your Honor, objection.
COURT: Hang on. There’s an objection.
TRIAL COUNSEL: Your Honor, she has answered
this several times. She’s explained –
COURT: I’m going to let him try to get to the bottom
of this.
BLACKWELL: Just like he knew I didn’t call nobody
to shoot him, either.
COURT: Do not talk when I’m talking.
TRIAL COUNSEL: Okay, Your Honor. She’s ex-
plained it several times, the same scenario, maybe
not the same words, but she’s explained it several
times now.
COURT: Okay. Go ahead, [counsel].
(Emphasis supplied).
OCGA § 17-8-57(a)(1) provides that “[i]t is error for any
judge, during any phase of any criminal case, to express or inti-
mate to the jury the judge’s opinion as to whether a fact at issue
has or has not been proved or as to the guilt of the accused.” A
“party who alleges a violation of paragraph (1) of this subsection
shall make a timely objection and inform the court of the specific
objection and the grounds for such objection, outside of the jury’s
hearing and presence.” OCGA § 17-8-57(a)(2). “[F]ailure to make
a timely objection to an alleged violation … shall preclude appel-
late review, unless such violation constitutes plain error which
affects substantive rights of the parties.” OCGA § 17-8-57(b).
8
While Blackwell did object to the prosecutor’s questions, on
appeal she argues that the trial court made improper comments
in response to those objections, which Blackwell did not object to
at trial. Therefore, we review for plain error only. See Washington
v. State, 320 Ga. 839, 848 (2025) (“Because Appellant did not ob-
ject at trial that the court’s statement violated OCGA § 17-8-
57(a)(1), we review this claim only for plain error.” (quotation
marks and citation omitted)); Perryman-Henderson v. State, 316
Ga. 626, 631 (2023) (“Because trial counsel did not object to the
trial court’s comment at trial, this claim is reviewed for plain er-
ror only.”).
“To show plain error, [Blackwell] must show that the al-
leged error (1) was not affirmatively waived, (2) was obvious be-
yond reasonable dispute, and (3) affected [her] substantial rights,
which ordinarily means showing that it affected the outcome of
the trial.” Weems v. State, 318 Ga. 98, 104 (2024) (quotation
marks and citation omitted). “If the defendant makes this show-
ing, then this Court may exercise its discretion to remedy the er-
ror only if the error seriously affected the fairness, integrity, or
public reputation of judicial proceedings.” Id. (cleaned up).
Blackwell argues that the trial court violated OCGA § 17-
8-57 by stating, “I think we’re trying to get the story straight” and
“I’m going to let him try to get to the bottom of this” because these
comments intimated the trial court’s opinion on her credibility,
unnecessarily highlighting Blackwell’s prior untruthfulness and
casting doubt on her other testimony at trial. Blackwell also con-
tends that by intimating that “we’re trying to get this story
straight” in response to the defense’s objection, the trial court
aligned itself with the State and appeared to take a prosecutorial
role, undercutting Blackwell’s credibility.
However, Blackwell has not shown error, let alone plain
9
error, because neither statement violates OCGA § 17-8-57(a)(1).
As a general matter, “[t]he remarks of a judge explaining a reason
for his ruling are neither an expression of opinion nor a comment
on the evidence.” Sessions v. State, 304 Ga. 343, 348 (2018) (cita-
tion omitted). See also Pyatt v. State, 298 Ga. 742, 747–48 (2016)
(“Furthermore, we have previously determined that remarks of a
judge assigning a reason for his rulings are neither an expression
of opinion nor comment on the evidence.” (quotation marks and
citation omitted)). “OCGA § 17-8-57(a)(1) does not generally ex-
tend to colloquies between the judge and counsel regarding the
admissibility of evidence.” Moore v. State, 315 Ga. 263, 273 (2022).
The trial court made the first statement that “I think we’re
trying to get the story straight” following an objection to question-
ing about whether Blackwell had lied to Detective Demeester
about Lovelace throwing the gas can at her, after she had already
admitted to lying about Lovelace following her to the Chappell
Road house. And the trial court made the second statement that
“I’m going to let him try to get to the bottom of this” following an
objection to questioning about Blackwell’s motives as to her
changing stories. 5 Both statements appear to be explanations for
overruling defense counsel’s asked-and-answered objections to al-
low the prosecutor to continue trying to clarify why Blackwell said
Lovelace was at the Chappell Road house that night. Because the
trial court’s statements pertained to why it overruled defense
counsel’s objections and were not comments on whether a fact had
been proved or disproved, Blackwell has failed to show error,
5 Blackwell also argues that by commenting on Blackwell’s “attitude,”
the trial court cast Blackwell in an even more negative light. However, the trial
transcript does not support that the trial court was commenting on Blackwell’s
attitude by saying the word “attitude” or that the trial court’s utterance of the
word “attitude” pertained to any issue of fact or credibility at trial.
10
much less, plain error. See Moore, 315 Ga. at 272–74 (trial court’s
comment that “I think it is hearsay. Let’s see if we can figure a
way around it” concerned the admissibility of evidence and was
not a violation of OCGA § 17-8-57); Sessions, 304 Ga. at 348 (trial
court “merely gave the reasons for [its] evidentiary ruling that the
disputed testimony was hearsay,” which was not a comment on
“either the veracity of the witness or the guilt of the [defendant]”
and was not a violation of OCGA § 17-8-57); Pyatt, 298 Ga. at 747–
48 (trial court’s comment that a witness’s statement “that the jury
already heard about” was “critical evidence” pertained to the ad-
missibility of evidence and was not a violation of the former but
materially similar OCGA § 17-8-57) (citation and quotation
marks omitted)); Ridley v. State, 290 Ga. 798, 800 (2012) (allow-
ing the trial court to stop testimony and state “I think he’s specu-
lating. He doesn’t know … what he’s talking about now is not
something he’s an expert in any more than any of us are” to ex-
plain its basis for an evidentiary ruling was not a violation of
OCGA § 17-8-57).
2. Blackwell also argues that trial counsel was constitu-
tionally ineffective for failing to object to the trial court’s improper
comments. Because trial counsel did not perform deficiently, this
claim fails.
To prevail on a constitutional ineffective assistance of
counsel claim, Blackwell must show both deficient performance
and prejudice. See Strickland v. Washington, 466 U.S. 668, 687
(1984). To establish deficient performance, Blackwell “must show
that trial counsel performed [her] duties in an objectively unrea-
sonable way, considering all the circumstances and in the light of
prevailing professional norms.” Jackson v. State, 324 Ga. 497, 505
(2026) (quotation marks and citation omitted). “There is a strong
presumption that counsel’s representation was within the wide
11
range of reasonable professional assistance.” Washington, 320 Ga.
at 851 (quotation marks and citation omitted). “Overcoming that
presumption requires an appellant to show no reasonable lawyer
would have done what his lawyer did.” Id. (quotation marks and
citation omitted). “Counsel cannot be deemed deficient for failing
to make a meritless objection.” Jackson, 324 Ga. at 505 (cleaned
up). “If the defendant fails to establish either deficient perfor-
mance or prejudice, this Court need not examine the other re-
quirement.” Washington, 320 Ga. at 851.
As explained above, given that the trial court’s statements
did not violate OCGA § 17-8-57, trial counsel did not perform de-
ficiently by failing to make a meritless objection. See Reynolds v.
State, S26A1003, slip op. at 18–19 (Sep. 22, 2026) (concluding that
the trial court did not violate OCGA § 17-8-57 so trial counsel was
not deficient for failing to make a meritless objection); DeLoach v.
State, 308 Ga. 283, 290–91 (2020) (same); Hightower v. State, 304
Ga. 755, 759 (2018) (same). For this reason, Blackwell’s ineffec-
tive assistance of counsel claim fails.
Judgment affirmed. All the Justices concur.
12