CourtListener 10846015

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NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
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official text of the opinion.

In the Supreme Court of Georgia

Decided: February 17, 2026

S25A1404. SAMUELS v. THE STATE.

LAND, Justice.

Appellant Dyanta Derall Samuels challenges his 2022

convictions for malice murder and other crimes in connection with

two separate incidents: the November 23, 2020 shooting death of

Kareem Smalls and a June 20, 2020 shooting involving Jamie

Delaney. 1 Samuels argues that there was insufficient evidence to

1 On January 5, 2022, a Chatham County grand jury indicted Samuels

for malice murder (Count 3), felony murder (Count 4), aggravated assault as
to Delaney (Count 1), aggravated assault as to Smalls (Count 5), three counts
of possession of a firearm during the commission of a felony (Counts 2, 6, and
7), and fleeing or attempting to elude a police officer (Count 8). This Court
previously denied Samuels’s application for interlocutory appeal.
At a trial from August 8 to August 19, 2022, the jury found Samuels
guilty of all charges. The trial court sentenced Samuels to serve life in prison
with the possibility of parole for Count 3, five years for Count 6 to be served
consecutively to Count 3, ten years for Count 1 to be served consecutively to
Count 6, five years for Count 2 to be served consecutively to Count 1, and one
year for Count 8 to be served consecutively to Count 1. Count 4 (felony murder)
was vacated by operation of law, Count 5 (aggravated assault) merged with
support his convictions, that the trial court erred in admitting

evidence of his drug dealing, that the trial court plainly erred in

admitting a detective’s testimony regarding recorded jail phone

calls, that his trial counsel was ineffective for failing to object to that

testimony, and that these errors collectively prejudiced him. For the

following reasons, we affirm.

1. Viewed in the light most favorable to the verdicts, the record

shows as follows. On June 20, 2020, Delaney and her six-year-old

daughter were driving in Chatham County when a silver Toyota

Camry with dealer tags “almost T-boned” their vehicle. Delaney

continued driving and the Toyota “zigzag[ged]” down the road before

cutting her off and stopping at a stoplight in front of a convenience

store. The driver of the Toyota, whom Delaney described as a man

in his thirties or early forties, got out of his car and yelled while

Count 3, and Count 7 (possession of firearm during the commission of a felony)
merged with Count 6. On August 22, 2022, Samuels filed a motion for new
trial, which was amended by new counsel on March 14, 2025. After a hearing,
the trial court denied the motion. On May 12, 2025, Samuels filed a notice of
appeal. The case was docketed to this Court’s August 2025 term and submitted
for a decision on the briefs.
2
walking towards Delaney’s car. Delaney began to drive around the

Toyota, and the driver pulled out a gun from the Toyota and fired

three shots at Delaney’s car as she drove away. Delaney was

uninjured. Surveillance footage from a nearby convenience store,

which was played for the jury, shows the Toyota driver stop in the

road, step out of the car, and motion towards the car behind him.

The car behind the Toyota then drove around him. The driver of the

Toyota then briefly reentered the Toyota and exited again, looked to

his left, and shot at the other car as it drove away. The driver then

got back into the Toyota and drove out of frame. Although no arrest

was made, two shell casings were recovered from the scene.

Delaney did not know the driver of the Toyota. Approximately

one year later, Delaney was shown a photographic lineup that

included Samuels, but she did not identify any of the people in the

lineup as the shooter. At trial, Delaney testified that Samuels was

“not the shooter.” However, Kelly Jeffers, who knew and interacted

with Samuels, later identified the shooter in the video as Samuels.

At trial, another associate of Samuels’s, Samantha Hammack,

3
denied identifying Samuels as the man in the surveillance footage

and testified that she only told investigators that “it could be”

Samuels, who drove a “dark gray” Toyota Camry, not a “light gray”

car. Body camera footage from Hammack’s interview with

investigators, which was played for the jury, indicated that

Hammack told investigators that the man in the surveillance

footage “look[ed] a lot like” Samuels and that she had seen him drive

a car “that’s very, very similar … a silver car like that.”

Several months later, on the evening of November 23, 2020,

Carita Scott was talking with Kareem Smalls outside of her

apartment in the Kayton Homes area of Savannah. While Scott and

Smalls talked, a red Dodge Charger with two occupants “circled”

them “three or four times.” Scott testified that, about 20 minutes

after talking with Smalls, she heard a “couple of gunshots.” Scott

then saw a man wearing black clothing and black and yellow shoes

come “running” from the direction of the gunshots. The man got into

the passenger side of the “dark red” Charger that Scott had seen

earlier, which “sped off” from the scene.

4
Grady Shaw and Frederick Kinlaw also witnessed the

shooting. Shaw testified that he was standing on his porch and

talking to Kinlaw, his neighbor across the street, when Smalls’s van

passed between them down the street. Shaw then “heard a

commotion” that sounded like “somebody arguing” and saw the

lights on Smalls’s van turn on as a man approached the front of the

van and shot into it. Kinlaw and Shaw then saw Smalls’s van “fly up

the street” and crash into a church van. Smalls got out of his van

and “collapsed” in the street. Smalls died from his gunshot wounds.

Kinlaw and Shaw also saw a “bright orange” or “burgundy” Dodge

Charger leaving the area immediately after the shooting.

On November 24, an investigator with the Savannah Police

Department identified a red Dodge Charger in the Kayton Homes

area during the time of the Smalls shooting using surveillance

cameras. The Charger, which had South Carolina tags, was

identified as a vehicle owned by a car rental service. GPS records

from the rental company placed the Charger arriving at the scene of

the Smalls shooting at approximately 11:01 p.m. on November 23

5
and leaving the area six minutes later, less than one minute before

police received a 911 call about the shooting. Investigators

determined that the Charger was rented to James Harrell and his

wife at the time of the shooting. Investigators went to the car rental

location, where they observed Harrell return the Charger and leave

the rental office with a red Chrysler 300. Harrell testified at trial

that he would regularly rent vehicles for Samuels in his wife’s name,

that he returned the Charger and rented the Chrysler 300 for

Samuels, and that he delivered the Chrysler 300 to Samuels.

That same day, Savannah police attempted a traffic stop on the

Chrysler 300, which by that time had been delivered by Harrell to

Samuels and had pulled into a gas station. When officers

approached the Chrysler, Samuels “revv[ed] the engine real

aggressively” and started to drive away. Believing that Samuels

intended to flee, an officer broke the back windshield of the Chrysler

with his nightstick to distract Samuels and to “mark” the vehicle for

aerial surveillance. Samuels then led officers on an “extremely

reckless” high-speed chase onto and off Interstate 16. After getting

6
stuck on a dirt road, Samuels abandoned the Chrysler, fled on foot,

and hid in a nearby warehouse where he was eventually discovered

and taken into custody.

During his custodial interview, which was played for the jury,

Samuels told police that he was “high” when police approached him

in the Chrysler, and that he fled because he thought police were

shooting at him when the back windshield was broken. Samuels

admitted that he possessed an “AR pistol” but claimed that he threw

it onto the highway during the car chase. Samuels also admitted to

driving a red Dodge Charger prior to the Chrysler and to being at

Kayton Homes when Smalls was shot. Samuels claimed, however,

that he was “smokin’ weed” with an unidentified group of people for

a “good 45 minutes” or “a good 20 to 15” minutes before Smalls was

shot. When Samuels “heard some shots” he “got the f**k on” because

he knew police were coming, but he did not remember how he left.

Samuels stated that he “heard” that Smalls had been shot and killed

that night.

A GBI expert witness testified that the shell casings recovered

7
from the Smalls shooting were fired from the same weapon as the

shell casings recovered from the Delaney shooting, and that both

sets of shell casings were fired from the same weapon, a Glock .45

Auto. During a search of Samuels’s apartment, law enforcement

found a box of .45-caliber ammunition and a gun box for a Glock 23

.40-caliber handgun, but no gun. A search of Samuels’s cell phone

also revealed photos of several Glock firearms of unknown caliber

and a silver sedan with “similar features” and resembling the “same

make and model” of the vehicle used in the Delaney shooting.

The State played for the jury several jail calls made by

Samuels. During one of these calls, made prior to Samuels’s arrest

for Smalls’s murder, Samuels directed his girlfriend to “go back”

home “and pack up all my s**t.”

2. Samuels argues that the evidence was insufficient to sustain

his convictions as a matter of Georgia statutory law under OCGA §

24-14-6.2 (“To warrant a conviction on circumstantial evidence, the

2 We do not review sufficiency for Counts 4, 5 and 7 because those counts

were either vacated by operation of law or merged. See Anderson v. State, 299

8
proved facts shall not only be consistent with the hypothesis of guilt,

but shall exclude every other reasonable hypothesis save that of the

guilt of the accused.”). We disagree.

“Under Georgia statutory law, a conviction may rest solely on

circumstantial evidence if that evidence ‘exclude[s] every other

reasonable hypothesis save that of the guilt of the accused.’” Rashad

v. State, 318 Ga. 199, 206 (2024) (quoting OCGA § 24-14-6). “Not

every hypothesis is a reasonable one, however, and the evidence

need not exclude every conceivable inference or hypothesis – only

those that are reasonable.” Id. (cleaned up). “Further, whether any

alternative hypotheses are reasonable and whether the

circumstantial evidence excludes any such hypotheses are questions

for the jury and we will not disturb the jury’s findings on those

questions unless they are insupportable as a matter of law.” Lee v.

State, S25A1002, slip op. at *3 (Ga. Dec. 9, 2025) (2025 WL 3520150)

Ga. 193, 196 n.4 (2016) (defendant’s claims about sufficiency of evidence were
moot for crimes that were vacated by operation of law or that merged with
murder). Samuels does not challenge the sufficiency of the evidence as to Count
8.
9
(cleaned up). “And we have observed that such questions about the

reasonableness of hypotheses that are for the jury to decide include

the possibility of another perpetrator.” Id. (cleaned up).

Turning first to the aggravated assault (Count 1) and

possession of a firearm during the commission of a felony (Count 2)

convictions in connection with the Delaney shooting, Samuels

argues that the surveillance footage was “grainy,” there was no cell-

phone evidence tying Samuels to the location of the shooting, and

Delaney denied that Samuels was the shooter. However, Jeffers

admitted to identifying Samuels as the individual in the silver

Toyota Camry on the surveillance footage of the Delaney shooting.

And although Hammack denied identifying Samuels as the shooter

at trial, she testified that she had seen Samuels drive a “dark gray”

Toyota Camry. Despite Samuels’s protests regarding Jeffers’s and

Hammack’s testimony and Delaney’s testimony that Samuels was

not the shooter, “it is axiomatic that resolving evidentiary conflicts

and assessing witness credibility are within the exclusive province

of the jury.” McCoy v. State, 315 Ga. 536, 543 (2023) (citation

10
omitted). Accordingly, the evidence was sufficient to support

Samuels’s convictions on Counts 1 and 2. See OCGA § 24-14-8 (“The

testimony of a single witness is generally sufficient to establish a

fact.”).

Turning next to the malice murder (Count 3) and possession of

a firearm during the commission of a felony (Count 6) convictions in

connection with the Smalls shooting, Samuels argues that the

evidence did not prove beyond a reasonable doubt that he shot and

killed Smalls because it did not exclude the reasonable hypothesis

that Samuels was merely present at Kayton Homes when Smalls

was shot by someone else. Samuels highlights inconsistencies in the

evidence, as well as evidence that was consistent with his

alternative hypothesis. But as explained above, it is the jury’s role

to resolve evidentiary conflicts and assess witness credibility. See

McCoy, 315 Ga. at 543. Moreover, Samuels’s arguments about the

State’s failure to present certain types of evidence, including the gun

used in the shooting, eyewitness testimony identifying him as the

shooter, or a confession, are unavailing because “there is no

11
requirement that the State prove its case with any particular sort of

evidence, so long as the evidence presented is competent.” Weston v.

State, 320 Ga. 472, 474 (2024) (citations and punctuation omitted).

Here, the jury heard testimony that GPS tracking data placed

a red Dodge Charger that had been rented for Samuels at the scene

during the shooting and leaving immediately thereafter. Samuels

admitted he was present during the shooting and gave inconsistent

answers as to how long he was present before the shooting took

place. Scott testified that a red Charger circled her and Smalls

several times shortly before the shooting and that an individual ran

from the direction of the shooting and fled in a red Charger. Other

eyewitnesses also saw a red or orange Charger leave the scene

immediately following the shooting. An expert witness analyzed the

shell casings collected from both the Delaney and Smalls shootings

and determined that the firearm used in the Delaney shooting was

the same firearm used in the Smalls shooting. At least one associate

of Samuels identified him as the individual in the surveillance

footage of the Delaney shooting, and a photo of a silver sedan with

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similar features to the Toyota Camry was found on Samuels’s cell

phone. Ammunition was found at Samuels’s apartment matching

the caliber of bullet that killed Smalls, photos of multiple Glock

firearms were found on Samuels’s cell phone, and Samuels admitted

to throwing a gun out of the window during his car chase. The

evidence presented at trial therefore showed not only that Samuels

was at the scene of the Smalls shooting, but also that he fled in a

high-speed chase after the shooting, threw away a gun during the

pursuit, and used the murder weapon in a prior shooting. Those

indicia of guilt strongly suggest that Samuels was a perpetrator and

not merely present. Accordingly, there was sufficient evidence from

which the jury could reject as unreasonable Samuels’s alternate

theory that another individual shot Smalls and instead find beyond

a reasonable doubt that Samuels shot and killed Smalls. See Wilson

v. State, 319 Ga. 550, 553–54 (2024) (evidence sufficient to support

defendant’s murder conviction where defendant was in the vicinity

of the shooting, he was seen driving car connected to shooting a few

minutes before and a short distance away from the shooting, and a

13
shell casing found at the scene was ejected from the same firearm as

a shell casing found in that car); Payne v. State, 273 Ga. 317, 318

(2001) (evidence sufficient to authorize rational trier of fact to find

accused guilty beyond a reasonable doubt of murder and possession

of a knife and to exclude every reasonable inference and hypothesis

except guilt of accused, despite lack of any eyewitness testimony

that defendant stabbed victim or that he possessed a knife).

Therefore, this claim fails.

3. Samuels argues that the trial court abused its discretion in

admitting evidence of his drug dealing activity. When this issue was

argued in the trial court, the prosecutor stated that during a drug

trafficking investigation of Samuels, law enforcement identified

three people who knew Samuels and those people identified Samuels

as the man on the video of the Delaney shooting. The prosecutor

argued that those three people, Gilberto Hernandez, Hammack, and

Jeffers, were connected to Samuels as “either drug purchasers from

him or a drug supplier to him” and that “the fact that [Samuels] is

involved in some level of drug transactions is relevant in this case

14
… and is the connection between these individuals and Mr.

Samuels.” Samuels argued that “[d]rug trafficking is not relevant in

this case” and that evidence of Samuels’s drug activity was not

intrinsic and was instead a way to “simply to get in the trafficking.”

The trial court found that because the witnesses were “coming in

here to identify Mr. Samuels in connection with the first incident,

the first shooting, which is connected to the second shooting by the

ballistics evidence,” the testimony that Samuels’s “relationship to

these folks might involve drugs” was “intrinsic to this case” as the

“only means the State has to identify Mr. Samuels in their theory of

the case.” The trial court further found that “[OCGA § 24-4-]403

doesn’t keep it out either” because while the evidence “is certainly

prejudicial to Mr. Samuels … it is not unfairly prejudicial to the

point that it outweighs the probative value.”

During opening statements, the prosecutor stated that the

video of the Delaney shooting “was shown to two individuals known

to purchase narcotics from the Defendant.” Outside the presence of

the jury, Samuels moved for a mistrial, arguing that as a result of

15
the statement, Samuels “no longer has the presumption of

innocence. Now he’s a drug dealer sitting at the table accused of

[m]urder.” The trial court denied the motion for mistrial, stating

that “the way the witnesses who identified [Samuels] in the video

know him to be able to identify him is intrinsic to … the case” and is

“being admitted to tell the story of how’s he’s identified … in these

cases.” The jury returned to the courtroom and opening statements

resumed, with the State noting that the witnesses “know [Samuels]

because they purchase narcotics from him” but that “this is not a

drug trial. This is a trial about [m]urder and how they connect those

two individuals.”

During trial, Hernandez testified that he met Samuels in early

2021, and that he met with Samuels “once or twice a day” over eight

months to “buy[] stuff from him.” The prosecutor then asked, “What

did you buy from him?” and Samuels’s trial counsel objected. Before

the trial court could rule on the objection, Hernandez answered

“Just a couple of pills. And that’s it.” Samuels moved to strike

Hernandez’s answer. The trial court denied Samuels’s motion,

16
stating that it would let the testimony in “to allow the State to

attempt to prove the nature and closeness of the relationship.” Later

in his testimony, Hernandez denied ever telling investigators that

the individual in the surveillance footage of the Delaney shooting

looked like Samuels. Jeffers testified that she knew Samuels by the

name “Black.” When the prosecutor asked Jeffers about the nature

of her relationship with Samuels, Jeffers testified that she “sold him

drugs … [a]t least twice a month” for a year. Hammack was not

asked and did not provide any detail about the nature of her and

Samuels’s relationship.

Samuels argues that the evidence of his alleged drug dealing

activity was inadmissible as intrinsic evidence because it was not

linked to the charged crimes.3 “It is within the trial court’s sound

discretion to determine whether to admit such evidence, so we

review a trial court’s ruling admitting evidence as intrinsic for an

abuse of that discretion.” Harris v. State, 310 Ga. 372, 377–78 (2020)

3 Whether this evidence could have been properly admitted under OCGA

§ 24-4-404(b) is not at issue in this case, and the State does not contend that it
gave the notice required for Rule 404(b) evidence.
17
(cleaned up). Even if a trial court does abuse its discretion in

admitting evidence, that error warrants reversal “only if it was

harmful.” Jivens v. State, 317 Ga. 859, 863 (2023). “The test for

determining nonconstitutional harmless error is whether it is highly

probable that the error did not contribute to the verdict.” Id. (cleaned

up). In considering whether a trial court’s error was harmful, “we

weigh the evidence as we would expect reasonable jurors to have

done so, as opposed to assuming that they took the most pro-guilt

possible view of every bit of evidence in the case.” Boothe v. State,

293 Ga. 285, 289 (2013).

Here, even assuming that the trial court abused its discretion

in admitting evidence of Samuels’s alleged drug dealing activity as

intrinsic, it is highly probable that any such error did not contribute

to the verdict. As detailed in Division 2, the circumstantial evidence

properly admitted against Samuels was strong, and although

Samuels’s alleged drug activity was “certainly not helpful” to his

case, the details “were not unusually inflammatory.” See Roberts v.

State, 315 Ga. 229, 239 (2022) (concluding that “the evidence that

18
was properly admitted against Roberts, although circumstantial,

was quite strong,” such that “it was highly probable” that the

improperly admitted “extra details of the armed robbery did not

contribute to the verdicts”). And although Samuels argues in his

brief that the evidence of his alleged drug activity was harmful

because the State emphasized it in opening statements and closing

arguments,4 the State lessened any harm in opening statements by

clarifying to the jury that “this is not a drug trial. This is a trial

about [m]urder and how they connect those two individuals.” Cf.

Floyd v. State, 321 Ga. 717, 726 (2025) (concluding that any error in

admitting gang-related evidence was harmless where witness

“immediately clarified his statement”). As for closing arguments, the

prosecutor’s statement that Samuels called Jeffers “a snitch” and

“[l]iken[ed] her to a man who was murdered for talking” made no

4 Samuels also points to the State’s explanation of a jail phone call where

he referred to Jeffers as the “New Jack City” movie character “Nino Brown” as
evidence of harm. These references to “Nino Brown,” however, were made by
the prosecutor during a sidebar conference over whether to admit these jail
phone calls and were not made in the presence of the jury. When Detective
Patrick Skinner was later asked, in the presence of the jury, to explain why
Samuels had referred to Jeffers as “Nino Brown,” he made no reference to drug
activity.
19
reference to Samuels’s drug activity, only Jeffers’s. Under these

circumstances, we conclude that it is highly probable that any

erroneously admitted evidence of Samuels’s drug activity did not

contribute to the jury’s verdict. See Jackson v. State, 306 Ga. 69, 80–

81 (2019) (concluding that harm from the erroneous admission of

defendant’s prior bad act was minimal because, among other

reasons, the record failed to show that the prosecutor emphasized

that evidence in his closing argument).

4. Samuels argues that the trial court plainly erred in

admitting Detective Patrick Skinner’s commentary on Samuels’s jail

phone calls because it was cumulative of Samuels’s own statements

on the recordings, it was not relevant, and it was lay witness opinion

testimony that did not satisfy OCGA § 24-7-701(a). Samuels also

argues that his trial counsel was ineffective for failing to object to

Detective Skinner’s testimony.

Detective Skinner testified that, as part of his investigation, he

reviewed recorded jail communications made by Samuels. During

Detective Skinner’s direct testimony, the State played a series of jail

20
calls between Samuels and others in which the Smalls shooting was

discussed. In one call, Samuels’s girlfriend told him that “they” were

trying to “charge” Samuels with “[w]hatever happened in

November” and that “it’s on the news.” In response, Samuels asked

his girlfriend whether “[t]hey have my face on there.” Later in the

phone call, Samuels’s girlfriend added in another caller named “J-

man,” and Samuels told him, “I need a lawyer.” After “J-man” left

the call, Samuels asked his girlfriend to read “everything they’re

saying” on the news. When asked whether Samuels “ever den[ied]

committing the murder when he is told he’s being charged with it”

on the jail phone call, Detective Skinner testified “no.”

The State later played another jail call between Samuels and

a male caller about Samuels’s conversation with his girlfriend and

the new charges. When asked whether Samuels denied killing

Smalls during the call, Detective Skinner testified “[n]o, he does

not.”

The State then played a jail phone call between Samuels and a

male caller in which the caller told Samuels there was a video of him

21
“dumping out” at “516 Veteran’s, Westlake … [b]y a store in the

corner.” Samuels responded “[t]hem folks got me on some bulls**t,

Bruh.” Detective Skinner testified that at the time of this call,

investigators were showing people the surveillance video of the

Delaney shooting and that the term “dumping” refers to “shoot[ing]

a bunch of rounds, or at least one round.” When asked whether

Samuels indicated “that he was not dumping at any point,”

Detective Skinner answered “no.” The State also played a phone call

between Samuels, his girlfriend, and Samuels’s attorney, in which

the attorney read Samuels the charges from his indictment and

Samuels responded “Now I got an Aggravated Assault from June

20th? I never was arrested for … that.” When asked whether

Samuels stated on that call that he did not commit aggravated

assault against Delaney, Detective Skinner stated “no.”

On cross-examination, Detective Skinner testified that the

calls were “evidence that [Samuels] didn’t deny” the Delaney

shooting at the time, and that Samuels’s lack of denial was

“notable.” When asked whether Samuels’s lack of denial was

22
“evidence that … he’s involved in Mr. Kareem Smalls’ killing?”

Detective Skinner answered, “It’s been submitted as, yes.” When

asked again whether one of the phone calls was evidence that

Samuels committed the Smalls or Delaney shooting, Detective

Skinner stated “I can’t testify to what it’s evidence to. They asked

me what the phone calls were.”

(a) Samuels argues that the trial court erred in admitting

Detective Patrick Skinner’s commentary on Samuels’s jail phone

calls because it was cumulative of Samuels’s own statements on the

recordings, it was not relevant, and it was lay witness opinion

testimony that did not satisfy OCGA § 24-7-701(a).5 Because

Samuels did not object to Detective Skinner’s testimony concerning

his failure to deny the Delaney shooting during the jail calls, we

5 OCGA § 24-7-701 (a) provides that:

(a) If the witness is not testifying as an expert, the witness’s
testimony in the form of opinions or inferences shall be limited to
those opinions or inferences which are:
(1) Rationally based on the perception of the witness;
(2) Helpful to a clear understanding of the witness’s
testimony or the determination of a fact in issue; and
(3) Not based on scientific, technical, or other specialized
knowledge within the scope of Code Section 24-7-702.
23
review this claim for plain error only. McCalop v. State, 316 Ga. 363,

375 (2023). To establish plain error, Samuels must meet each prong

of a four-prong test:

First, there must be an error or defect – some sort of
deviation from a legal rule – that has not been
intentionally relinquished or abandoned, i.e.,
affirmatively waived, by the appellant. Second, the legal
error must be clear or obvious, rather than subject to
reasonable dispute. Third, the error must have affected
the appellant's substantial rights, which in the ordinary
case means he must demonstrate that it affected the
outcome of the trial court proceedings. Fourth and finally,
if the above three prongs are satisfied, the appellate court
has the discretion to remedy the error – discretion which
ought to be exercised only if the error seriously affects the
fairness, integrity, or public reputation of judicial
proceedings.

Washington v. State, 312 Ga. 495, 498 (2021) (citation and

punctuation omitted). “As we have noted, affirmatively establishing

all four prongs is a difficult standard to satisfy.” Id. at 498–

99 (citation and punctuation omitted). “This Court does not have to

analyze all elements of the plain-error test where an appellant fails

to establish one of them.” Payne v. State, 314 Ga. 322, 325 (2022).

Assuming without deciding that the trial court obviously erred

24
in allowing Detective Skinner to testify about the content of

Samuels’s jail phone calls, Samuels has not shown plain error

because he cannot satisfy the third prong of the plain error

test. See Grier v. State, 313 Ga. 236, 245 (2022) (“Appellant has not

met his burden under the plain error standard to show a reasonable

probability that the outcome would have been different, as the

improperly admitted [testimony] was merely duplicative of other

properly admitted evidence.”).

As an initial matter, Samuels mischaracterizes Detective

Skinner’s testimony, arguing that Detective Skinner testified that

Samuels’s lack of denial was “evidence … he’s involved in Mr.

Kareem Smalls’s killing” and “that he committed the shooting … at

Ms. Jamie Delaney.” Our review of the trial transcript indicates that

when Detective Skinner was asked whether Samuels’s lack of denial

was “evidence that … he’s involved in Mr. Kareem Smalls’ killing?”

Skinner answered, “It’s been submitted as, yes.” When Detective

Skinner was asked whether Samuels’s lack of denial was evidence

“that he committed the shooting of … Delaney?” Skinner answered,

25
“I don’t think that was mentioned in this phone call … I can’t testify

to what it’s evidence to. They asked me what the phone calls were.”

Thus, Detective Skinner did not, as Samuels argues, “repeatedly

testify that because Samuels did not explicitly state, ‘I didn’t do this,’

he was guilty.” Moreover, this specific testimony about whether the

non-denials were evidence of Samuels’s guilt was elicited by

Samuels on cross-examination, not by the State on direct.

In any event, Samuels does not argue on appeal that the jail

phone calls themselves were inadmissible, only that the trial court

plainly erred in allowing Detective Skinner to testify regarding

Samuels’s lack of denial in the phone calls. Thus, the jury heard

Samuels’s non-denials on the phone calls for themselves. Detective

Skinner’s testimony recounting the fact that Samuels did not deny

shooting at Smalls or Delaney was therefore cumulative of

Samuels’s statements in the jail phone calls. See Durden v. State,

318 Ga. 729, 733–34 (2024) (holding that any error in the admission

of a detective’s lay opinion testimony about the appellant did not

affect the appellant’s substantial rights under the plain error

26
standard where the testimony was cumulative of other unobjected-

to testimony). Additionally, the trial court instructed the jury that

the “burden of proof never shifts to the Defendant to introduce

evidence or to prove innocence,” and jurors are presumed to follow a

trial court’s instructions. Cf. Wilson v. State, 315 Ga. 728, 735 (2023)

(jury was presumed to follow court’s instruction regarding

proximate cause when determining whether defendant was guilty of

felony murder). Samuels’s claim of plain error therefore fails. See

Durden, 318 Ga. at 733–34.

(b) Samuels also argues that his trial counsel provided

constitutionally ineffective assistance by not objecting to Detective

Skinner’s testimony. To prevail on this claim, Samuels must show

that he was prejudiced by his counsel’s deficient performance. See

Strickland v. Washington, 466 US 668, 687 (1984). As set forth

above, however, Samuels has not shown that Detective Skinner’s

testimony affected the outcome of the trial. Accordingly, even if trial

counsel’s failure to object was deficient performance, Samuels has

not shown that he was prejudiced as a result. Thus, this claim fails

27
for the same reason his claim of plain error fails. See Griffin v. State,

311 Ga. 579, 584 (2021) (“[T]he test for prejudice in the ineffective

assistance analysis is equivalent to the test for harm in plain error

review.” (citation omitted)).

5. Samuels argues that he was cumulatively harmed by the

trial court’s errors. This claim fails.

“When this Court has identified or presumed more than one

error, although the effect of each on its own might have been

harmless,” we will “consider collectively, rather than individually,

the prejudicial effect, if any, of [the] trial court errors.” Nundra v.

State, 316 Ga. 1, 16 (2023) (citation and punctuation omitted). Even

considering the assumed error in permitting witness testimony

regarding Samuels’s drug activity and Detective Skinner’s

testimony regarding Samuels’s statements in jail phone calls, we

conclude that the cumulative effect of these errors does not warrant

a new trial. See Allen v. State, 310 Ga. 411, 417 (2020) (holding that

the cumulative effect of the trial court’s assumed errors did not

warrant a new trial given the “strong evidence” against defendant).

28
As noted above, the State did not emphasize Samuels’s alleged drug

activity in opening statements or closing arguments, and Detective

Skinner’s testimony was cumulative of other unobjected-to

testimony. In light of the other substantial evidence of Samuels’s

guilt heard by the jury in this case, we conclude that Samuels has

not shown that “the multiple errors so infected the jury’s

deliberation that they denied” him “a fundamentally fair

trial.” Greene v. State, 316 Ga. 584, 608 (2023) (quotation marks

omitted). See also Huff v. State, 315 Ga. 558, 568 (2023) (holding

that the appellant’s cumulative-error claim failed because the

appellant did not demonstrate that “the prejudicial effect of the

assumed trial court errors ... denied him a fundamentally fair trial,

given the strong evidence against him”). Accordingly, Samuels’s

cumulative-error contention fails.

Judgment affirmed. All the Justices concur.