Batten v. State
295 Ga. 442
| Ga. | 2014Background
- Batton Batten convicted of malice murder and related offenses for the shooting death of Donald Driver; sentenced to life for malice murder with other counts vacated/merged.
- Victim and Failds encountered a rap group; during a CD transaction dispute, Batten refused to exchange the CD for less than five dollars.
- A fight broke out after another group member attacked the victim; Batten pulled a gun and fired, killing Driver after he was shot.
- Two witnesses who testified against Batten were related to or friends of the victim; Batten contends this taints the evidence supporting the verdict.
- The trial court denied Batten’s motion for new trial; Batten appeals asserting insufficiency of the evidence and trial errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to support malice murder beyond a reasonable doubt? | Batten argue insufficient, relying on witness relationships. | State contends credibility and proper jury appraisal support verdict. | Yes; evidence sufficient for rational jury to convict. |
| Did the trial court err by allowing Investigator Hayes to address ultimate issues? | Hayes’ testimony improperly invaded jury's province. | Issue not preserved due to lack of objection. | Not preserved for review. |
| Was trial counsel ineffective for (a) not objecting to ultimate-issue testimony and (b) not emphasizing witness bias? | Counsel performance deficient, bias unhighlighted. | Strategy and tactics; no prejudice shown. | No ineffective assistance. |
Key Cases Cited
- Caldwell v. State, 263 Ga. 560 (1993) (evidence viewed in light most favorable to verdict; credibility for jury)
- Hampton v. State, 272 Ga. 284 (2000) (credibility and weight of eyewitness testimony for jury)
- Kelly v. State, 270 Ga. 523 (1999) (standard for evaluating witness testimony and sufficiency)
- Alvelo v. State, 288 Ga. 437 (2011) (discretionary new-trial standard; weight of evidence)
- Choisnet v. State, 292 Ga. 860 (2013) (weight-of-evidence and new-trial considerations)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard)
- Willis v. State, 263 Ga. 597 (1993) (sufficiency review; weighing credibility)
- Moon v. State, 288 Ga. 508 (2011) (cross-examination and closing arguments do not by themselves yield reversible error)
- Fordham v. State, 254 Ga. 59 (1985) (opinion on ultimate-issue testimony)
- Henderson v. State, 303 Ga. App. 898 (2010) (trial strategy vs. ineffective assistance)
- Young v. State, 292 Ga. 443 (2013) (heavy burden to prove ineffective assistance)