Allaben v. State
299 Ga. 253
| Ga. | 2016Background
- In January 2010 Dennis Allaben killed his wife; her body was found in the bed of his pickup. Autopsy showed ether and Benadryl in her system, neck/chin injuries, and petechial hemorrhages consistent with strangulation; medical examiner opined death from a carotid sleeper hold and that death is a known possible consequence of strangulation.
- Allaben made multiple admissions to his children and sister‑in‑law (describing use of a cloth with ether that ‘‘went too far down her throat and choked her’’) and later told Jon Kevin Crane that his wife was dead in his truck; he ultimately surrendered to police.
- Allaben was retried after an earlier reversal; at retrial he was convicted of malice murder and felony murder (the latter vacated by operation of law after reversal), and he appealed following denial of his motion for new trial.
- The Supreme Court of Georgia found the evidence sufficient to support malice murder but reversed the conviction because the trial court erroneously excluded portion of Crane’s post‑incident conversation under OCGA § 24‑8‑822 (rule of completeness) and refused requested lesser‑included offense instructions.
- The Court also addressed several other instructional and evidentiary claims likely to recur on retrial (definitions for malice, the word "likely," and admissibility of two autopsy photos).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | State: direct admissions + forensic evidence support guilt beyond reasonable doubt | Allaben: medical testimony that a sleeper hold usually does not cause death leaves reasonable hypothesis of non‑fatal subdual | Evidence sufficient; jury could find Allaben intended to kill despite testimony that sleeper holds don't usually cause death |
| Exclusion of Crane’s exculpatory statements (rule of completeness) | Allaben: excluded statements explaining motive/intent were part of same conversation and relevant under OCGA § 24‑8‑822 | State: excluded portion not necessary to explain Crane’s direct testimony | Trial court abused discretion; exclusion not harmless and requires reversal and remand |
| Lesser‑included instructions (simple battery, simple assault, reckless conduct, involuntary manslaughter) | Allaben: evidence supported giving these lesser offenses and defendant was entitled to requested charges | State: trial court refused some requests (double jeopardy claimed for involuntary manslaughter) | Reversal: defendant entitled to instructions on simple battery, simple assault, reckless conduct; trial court erred in barring involuntary manslaughter because defendant waived former‑jeopardy protection |
| Instruction defining "abandoned and malignant heart" (malice by reckless disregard) | Allaben: requested specific wording defining implied malice from extreme negligence | State: pattern instructions adequately covered malice/motive | No error: pattern instructions substantially covered the law; refusal to give exact wording not reversible |
| Definition of "likely" in OCGA § 16‑5‑21(b)(2) | Allaben: requested definition of "likely" | State: word is of common understanding; no definition needed | No error: court not required to define common words |
| Admission of two autopsy photos | Allaben: admission of both photos cumulative where one would suffice | State: photos show different perspectives and were used by medical examiner | No error: both photos relevant and not unduly prejudicial; admission proper |
Key Cases Cited
- Allaben v. State, 294 Ga. 315 (discussion of prior reversal) (Ga. 2013)
- Daniels v. State, 298 Ga. 120 (circumstantial‑evidence exclusion‑of‑hypotheses principle) (Ga. 2015)
- Robbins v. State, 269 Ga. 500 (jury decides reasonableness of competing hypotheses) (Ga. 1998)
- West v. State, 200 Ga. 566 (rule of completeness; accused may introduce remainder of conversation) (Ga. 1946)
- Westbrook v. State, 291 Ga. 60 (rule of completeness excludes irrelevant portions) (Ga. 2012)
- Rogers v. State, 289 Ga. 675 (must give requested lesser included instruction if any evidence supports it) (Ga. 2011)
- Reinhardt v. State, 263 Ga. 113 (reckless conduct as lesser included) (Ga. 1993)
- Dukes v. State, 290 Ga. 486 (pattern instructions adequately state law on malice) (Ga. 2012)
- Dailey v. State, 297 Ga. 442 (admission of autopsy photos when used to show cause of death) (Ga. 2015)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence) (U.S. 1979)