Ashley v. the State
340 Ga. App. 539
Ga. Ct. App.2017Background
- Defendant Thad Lee Ashley was convicted of kidnapping, criminal attempt to kidnap, entering an automobile, and criminal trespass after grabbing a 7‑year‑old from a family minivan and reaching toward a 2‑year‑old; he fled when the mother intervened.
- Ashley claimed he was intoxicated and mistook the minivan for his father’s vehicle; the State introduced similar‑transaction evidence of Ashley’s disturbing conduct around children at a neighborhood pool.
- This Court’s earlier opinion reversed based on improperly admitted character evidence but held the evidence sufficient to permit retrial; the Georgia Supreme Court reversed that portion and remanded for consideration of other claims.
- On remand this Court adopts the Supreme Court’s opinion on the character‑evidence issue, reinstates its prior sufficiency holding, and addresses Ashley’s remaining enumerations of error.
- The Court affirmed: (1) evidence was sufficient under Jackson v. Virginia standards; (2) no improper judicial comment under OCGA § 17‑8‑57; (3) no reversible error in the kidnapping charge because defendant requested the contested language; (4) no relief for unredacted custodial recordings because trial counsel waived objection; (5) Eighth Amendment sentence challenges were untimely; (6) ineffective‑assistance claim failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / directed verdict | Ashley: evidence insufficient; verdict contrary to evidence | State: evidence supports convictions under Jackson v. Virginia standard | Affirmed — evidence sufficient; Jackson review applies |
| Alleged judicial comment on evidence (OCGA § 17‑8‑57) | Ashley: trial judge intimated opinion when discussing similar‑transaction evidence | State: court merely announced upcoming evidence and limited its use; no opinion as to facts | No violation — statement did not express that a fact was proved |
| Jury charge on kidnapping (failure to instruct on "slight movement" exception) | Ashley: omitted statutory language that slight incidental movement is not kidnapping | State: no timely trial objection; defendant requested omission | No plain error — defendant induced the charge omission (invited error) |
| Unredacted custodial‑statement recordings | Ashley: officer’s comments invaded jury province and should have been redacted or mistrial granted | State: defense counsel affirmatively waived objection at trial | Waived — counsel stated no objection; ineffective‑assistance claim fails because counsel reasonably used statements as defense evidence |
| Eighth Amendment sentencing challenge | Ashley: life + 30 years amounts to cruel and unusual punishment | State: sentences are within statutory ranges and presumptively constitutional; challenge was raised late | Not reviewed — sentences within statutory limits and challenge untimely (not raised at sentencing) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- State v. Ashley, 299 Ga. 450 (Ga. 2016) (Supreme Court decision remanding for consideration of other enumerations)
- Ashley v. State, 331 Ga. App. 794 (Ga. Ct. App. 2015) (earlier appellate opinion addressing sufficiency and character evidence)
- Lewis v. State, 296 Ga. 259 (discussion of Jackson standard application)
- Foster v. State, 290 Ga. 599 (trial court statements notifying jury of evidence do not necessarily express opinion)
- Butler v. State, 292 Ga. 400 (comments in interrogation designed to elicit responses are not opinion testimony)
- Dubose v. State, 294 Ga. 579 (same principle regarding interrogation comments)
- Axelburg v. State, 294 Ga. App. 612 (analysis when officer comments during custodial interview may require redaction)
- Edwards v. State, 235 Ga. 603 (induced error/invited‑error doctrine)
- Monroe v. State, 272 Ga. 201 (waiver by counsel when no objection is made)