Battles v. State
290 Ga. 226
| Ga. | 2011Background
- Battles was convicted of malice murder and related offenses after a July 2, 2006 shooting in which Rocky Tucker was killed and Ruby Tucker injured.
- Gartmond, a pediatrician and family friend, treated Battles’ gunshot wound the day after the incident and later provided testimony about the wound.
- Ruby Tucker identified Battles in a photographic lineup as one of the shooters.
- The State introduced evidence that Gartmond had a 60‑day license suspension tied to a misdemeanor plea for theft by taking; this impeachment was used to attack her credibility.
- Battles challenged trial counsel’s strategy for impeaching Gartmond with the first offender plea and challenged the court’s impeachment instruction and admission of certain evidence.
- The Court affirmed on appeal, rejecting ineffective assistance claims and addressing related evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impeachment by prior first offender plea invalid? | Battles; Gartmond impeached with first offender plea. | Battles; such use violates impeachment rules. | No reversible error; strategy deemed reasonable. |
| Effect of impeachment strategy on credibility? | Battles; impeachment would have affected trial outcome. | Gartmond’s credibility already suspect; strategy reasonable. | Prejudice not shown; no reversal. |
| Access to evidence for independent testing? | Battles sought to test evidence; denial prejudicial. | No reasonable probability of different outcome from testing. | Denied; no Strickland prejudice shown. |
| Polygraph instruction adequacy? | Battles argued improper or prejudicial instruction. | Charge accurately reflected law and stipulation. | Not ineffective; instruction proper. |
| Admission of green leafy substance evidence? | Evidence irrelevant and prejudicial; improper. | Waived objection; no error preserved. | Error waived; judgment affirmed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard (reasonable doubt))
- Butler v. State, 285 Ga. 518 (Ga. 2009) (first offender record cannot impeach witness by showing moral turpitude)
- Crawford v. State, 278 Ga. 95 (Ga. 2004) (standards for post-trial access to evidence for PCR; hypothetical testing previously deemed nonprobative)
- State v. Chambers, 240 Ga. 76 (Ga. 1977) (polygraph evidence admissibility and instruction)
- Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284 (Ga. 1979) (motion in limine rulings and preservation of error)