Breedlove v. State
291 Ga. 249
| Ga. | 2012Background
- Breedlove was convicted of malice murder and possession of a firearm during the commission of a felony for the shooting death of Pamela Spencer.
- Police found Breedlove and Spencer at her residence; Spencer was killed by a gunshot and Breedlove was wounded but conscious; a pistol lay near Breedlove.
- Spencer had purchased the pistol about a month before her death; there was no forced entry, but the master bathroom door appeared forced.
- Spencer had previously told friends she was afraid of Breedlove, he was controlling and jealous, and he had threatened to kill her and her dogs.
- A handwritten contract-like document at the scene bore Breedlove's signature dated the day of the murder; Spencer did not sign it.
- The court held the evidence sufficient to sustain the verdict and addressed the admissibility of Spencer’s statements to Investigator Howard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of statements as testimonial | Breedlove argues statements were testimonial under Crawford/Davis. | State contends statements were non-testimonial. | Not error; statements not testimonial. |
| Ineffective assistance for failure to object on hearsay | Breedlove claims trial counsel was ineffective for not objecting. | State contends any error was harmless due to cumulative evidence. | No reversible prejudice; cumulative nature renders it harmless. |
| Sufficiency of the evidence | Sufficiency challenges to support murder conviction. | Evidence supported a rational juror's verdict beyond reasonable doubt. | Evidence sufficient to support malice murder and firearm possession verdicts. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence)
- Pope v. State, 286 Ga. 1 (Ga. 2009) (confrontation and testimonial statements framework)
- Wright v. State, 285 Ga. 57 (Ga. 2009) (testimonial statements under Georgia context)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (test of testimonial statements in search of past events)
- Cuyuch v. State, 284 Ga. 290 (Ga. 2008) (contextual approach to testimonial statements)