Butler v. State, 292 Ga. 400

Background

Butler was convicted of murder of Jamira Washington, a two-year-old, in Decatur County; conviction followed by denial of new trial and appeal challenges sufficiency, suppression of statements, and ineffective assistance.
Jamira suffered severe injuries including blunt-force abdominal trauma and head injuries; medical examiner ruled out death by choking or CPR errors.
Butler initially claimed he found Jamira unresponsive and performed CPR, then later admitted (after being confronted with medical findings) that he struck Jamira in the abdomen multiple times and caused other injuries.
Investigator Spooner conducted a second interview at the police station; Miranda warnings were given, but recording malfunctioned; Butler waived rights and provided statements that were admitted at trial.
The trial court ruled the second-interview statements voluntary; on appeal, issues included sufficiency of malice, admissibility of statements, and ineffective assistance under Strickland.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of malice for felony murder	Butler argues the State failed to prove malice, as he claimed discipline not malice.	Butler claims his acts were reasonable discipline or accidental, not malicious.	Evidence supported malice; sufficient to sustain felony murder verdict.
Admission of second-interview statements after Miranda	State contends Miranda warnings given; waiver voluntary; recording issues do not render statements inadmissible.	Butler contends voluntariness questionable due to incomplete recording and interrogation conditions.	Statements were voluntary; trial court did not err in denying suppression.
Ineffective assistance of counsel	Butler claims various failures by trial counsel violated Strickland standards.	State argues counsel's actions were strategic and lack of prejudice cannot show reasonable probability of different outcome.	Butler failed to prove deficient performance or prejudice; claims rejected.

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence; 'beyond a reasonable doubt' review)
Nicely v. State, 291 Ga. 788 (Ga. 2012) (standard for reversal on credibility and sufficiency; appellate review of conflicting evidence)
Bowie v. State, 286 Ga. 880 (Ga. 2010) (evidence review and credibility considerations in sufficiency analysis)
Bostic v. State, 284 Ga. 864 (Ga. 2009) (appellate review of evidentiary sufficiency and credibility)
Smith v. State, 283 Ga. 237 (Ga. 2008) (limits on appellate review of credibility and conflicting testimony)
Tabb v. State, 313 Ga. App. 852 (Ga. App. 2012) (reasonableness of discipline standard for parental force)
Sears v. State, 292 Ga. 64 (Ga. 2012) (merger of offenses in cruelty to children cases; instructions review)
Mangrum v. State, 285 Ga. 676 (Ga. 2009) (ultimate issues and evidence on justification/accident defenses)
Berry v. State, 282 Ga. 376 (Ga. 2007) (defense of justification or provocation as ultimate issue)
Willis v. State, 274 Ga. 699 (Ga. 2002) (defense concepts and ultimate issue framing)
Humphreys v. State, 287 Ga. 63 (Ga. 2010) (Jackson-Denno voluntariness standard; recording not required)
Haynes v. State, 269 Ga. 181 (Ga. 1998) (trial court determinations on voluntariness sustained on appeal)
Roberts v. State, 313 Ga. App. 849 (Ga. App. 2012) (interrogation comments and admissibility; probative value balancing)
Brown v. State, 316 Ga. App. 137 (Ga. App. 2012) (interrogation-related testimony admissibility and prejudice analysis)
Axelburg v. State, 294 Ga. App. 612 (Ga. App. 2008) (prohibition on expert-like interrogation commentary to bolster credibility)
Holland v. State, 221 Ga. App. 821 (Ga. App. 1996) (limits on improper interrogation commentary)
Mitchell v. State, 290 Ga. 490 (Ga. 2012) (presumption of trial counsel strategy and meritless arguments during new-trial review)
Maxwell v. State, 290 Ga. 574 (Ga. 2012) (evidentiary and strategy considerations in ineffective assistance claims)