Tabb v. State

── Tabb v. State ── Court: Supreme Court of Georgia Date: June 02, 2026 Category: General 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 prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0953 Joseph Tabb v. The State On Appeal from the Superior Court of Fulton County No. 19SC168889 Decided: June 2, 2026 PETERSON, Chief Justice. Joseph Tabb appeals his convictions for malice murder and other offenses related to the shooting death of Ryan Robinson.1 On appeal, Tabb argues that the evidence was insufficient to support his murder conviction, that the trial court abused its 1 Robinson was found dead on the night of January 31, 2019. In June 2019, a Fulton County grand jury returned an indictment charging Tabb with malice murder (Count 1), three counts of felony murder (Counts 2–4), armed robbery (Count 5), aggravated assault with a deadly weapon (Count 6), possession of a firearm during the commission of a felony (Count 7), and possession of a firearm by a convicted felon (Count 8). The State nolle prossed Counts 4 and 8 before trial, and at a trial held in June and July 2022, the jury found Tabb guilty of all remaining charges. The trial court sentenced Tabb to serve life in prison without the possibility of parole on Count 1, a consecutive life sentence on Count 5, and a consecutive five-year sentence on Count 7. The remaining counts were either vacated by operation of law or merged for sentencing purposes. In July 2022, Tabb timely filed a motion for new trial, which he amended in October 2025, and the trial court denied it in January 2026, following a hearing. Tabb timely filed a notice of appeal, and his appeal was docketed to this Court’s April 2026 term and submitted for a decision on the briefs. discretion by requiring him to be shackled during trial, and that his trial counsel was ineffective. We affirm because the trial evidence was sufficient to support the convictions, the improper- restraint claim was not preserved for appellate review, and Tabb failed to demonstrate that trial counsel was constitutionally ineffective. Viewed in the light most favorable to the jury’s verdicts, the trial evidence showed the following. Robinson frequently gave rides to people in exchange for money. On January 27, 2019, Kiona Woody contacted Robinson through Facebook to coordinate a ride for Tabb, whom she was dating at the time. Woody testified that she frequently saw Tabb with a gun and took several pictures of him in which he had a gun on him. In the January 27 messages, Woody asked Robinson to pick up Tabb from Henry’s Pack-a-Sack and drop him off at her residence. She indicated that Tabb would be wearing green pants, a black jacket, and “Polo boots.” Video footage from the surveillance system at Henry’s Pack-a-Sack showed a man wearing green pants, a jacket, and boots get into Robinson’s car on January 27, and Robinson’s car departing the parking lot soon thereafter. Woody confirmed that Robinson drove Tabb to her residence on January 27. On January 31, Robinson