Butler v. State
290 Ga. 425
Ga.2012Background
- Butler and co-defendant went to victim’s apartment under the guise of a drug sale but intended to rob him after he refused bond money.
- Victim Dwayne Streeter was killed by a gunshot in doorway during the confrontation.
- Police identified Butler from witnesses and distinctive vehicle leaving scene; two men ran from the apartment.
- Butler provided inconsistent accounts but ultimately admitted being present at the drug deal.
- Jury verdicts found Butler guilty of malice murder, felony murder, aggravated assault, drug-related offenses, and gun possession; several charges merged or vacated by operation of law.
- Butler filed a motion for new trial which was denied; appeal followed; date of offenses and sentence detailed in opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support guilt | State argues evidence supports guilt beyond reasonable doubt | Butler contends insufficiency of proof | Evidence sufficient to sustain verdicts |
| Preservation of objection to similar-transaction evidence | State asserts issue not properly preserved | Butler objected, but not on required ground | Issue not preserved; review precluded |
| Mug shot testimony as character evidence | State argues harmless, non-prejudicial | Butler contends it placed character into evidence | Harmless error given overwhelming guilt |
| Necessity exception to hearsay for victim’s statements | Statements admissible under necessity to prove intent/motive | Challenge to reliability and closeness of relationship | Court acted within discretion; testimony admissible under necessity exception |
Key Cases Cited
- Watson v. State, 278 Ga. 763 (Ga. 2004) (factors for necessity/trustworthiness in hearsay)
- Mills v. State, 287 Ga. 828 (Ga. 2010) (trustworthiness indicators in necessity exception)
- Roper v. State, 263 Ga. 201 (Ga. 1993) (totality of circumstances for trustworthiness)
- Myers v. State, 275 Ga. 709 (Ga. 2002) (trial court discretion on trustworthiness)
- Gibson v. State, 290 Ga. 6 (Ga. 2011) (reliability showing for necessity)
- McPherson v. State, 274 Ga. 444 (Ga. 2001) (guaranty of trustworthiness through close friendship with victim)