Baugh v. State
293 Ga. 52
| Ga. | 2013Background
- Baugh was convicted after a jury trial of felony murder, aggravated assault, attempt to commit armed robbery, possession of a firearm during a felony, and cruelty to children.
- The September 17, 2005 home invasion involved Baugh and co-defendant Whitten; Murphy and Stanton were present; Stanton died from a chest wound after a confrontation.
- Baugh confessed to entering the house, firing at Stanton, and identifying the gun used; a GBI test linked the recovered bullet to Baugh's gun.
- Before questioning, Baugh waived Miranda rights; his confession was videotaped and transcribed and admitted at trial along with his testimony.
- Baugh argued ineffective assistance of counsel and sought a voluntary manslaughter instruction; the trial court denied a new-trial motion, and the verdict stands affirmed.
- Trial counsel had Baugh evaluated; an expert found IQ around 70 but competent to stand trial; counsel pursued a self-defense theory and later presented mitigating factors at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Baugh argues evidence does not support the verdict. | State contends evidence, including confession and gun linkage, suffices. | Evidence was sufficient to sustain the verdict beyond a reasonable doubt. |
| Ineffective assistance of counsel | Counsel failed to move to suppress the confession due to alleged involuntariness. | No deficient performance; competency supported; strategic decisions allowed. | Trial counsel's performance was not deficient; no Strickland prejudice shown. |
| Voluntary manslaughter instruction | Instruction on voluntary manslaughter should have been given due to fear and reflexive firing. | Firing in fear is not heat-of-passion under OCGA § 16-5-2 (a). | Court did not err in denying voluntary manslaughter instruction. |
| Competency and mental health defense | Mental health defense should have been pursued or suppression of confession would result. | Competency supported; after-the-fact criticisms do not show ineffective assistance. | Competency findings and counsel decisions were not ineffective. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for criminal convictions)
- Reed v. State, 285 Ga. 64, 673 S.E.2d 246 (Ga. 2009) (after-the-fact disagreements about strategy do not show ineffective assistance)
- Lewis v. State, 246 Ga. 101, 268 S.E.2d 915 (Ga. 1980) (limitations on ineffective assistance review)
- Turpin v. Bennett, 270 Ga. 584, 513 S.E.2d 478 (Ga. 1999) (defense strategy decisions not per se ineffective assistance)
- Funes v. State, 289 Ga. 793, 716 S.E.2d 183 (Ga. 2011) (fear does not equal heat of passion under voluntary manslaughter statute)
- Davidson v. State, 289 Ga. 194, 709 S.E.2d 814 (Ga. 2011) (clarifies elements of voluntary manslaughter under OCGA)