Cain v. State
306 Ga. 434
Ga.2019Background
- Victim Matthew Mobley was shot and killed on December 20, 2010; Gregory Johnson was also assaulted. Terry Joe Cain was indicted for malice murder, felony murder (predicated on aggravated assault), and two counts of aggravated assault.
- Facts at trial: Cain and Gregory had prior animosity after Gregory reported Cain’s sister to DFCS. A street altercation occurred; Cain left, retrieved a handgun, returned with a passenger, and fired shots. Mobley (unarmed) was struck and later died; Gregory was not struck.
- A .380 handgun was recovered buried at Cain’s family home; ballistics were consistent with the fatal bullet.
- Cain testified he acted in self-defense/defense of others; passenger Montgomery and family members gave differing accounts. Cain made a written custodial statement that was admitted at trial over a suppression challenge.
- Cain moved for directed verdict at close of State’s case, moved to suppress his statement, and later moved for a mistrial based on the State’s alleged failure to produce cell phones containing voicemail threats. The trial court denied each motion.
- Cain was convicted on all counts; trial court sentenced life with parole for murder and 20 years combined for aggravated assaults. On appeal the Georgia Supreme Court affirmed convictions but vacated the aggregated 20-year sentence for aggravated assaults because one assault merged into the malice murder conviction, and remanded for resentencing.
Issues
| Issue | Cain's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency / directed verdict (self-defense) | Evidence at close of State’s case already supported self-defense; State failed to disprove it so directed verdict should have been granted | Entire trial record may be considered; credibility and justification are for the jury | Denied error; reviewing the whole record, evidence sufficed to convict and jury could reject self-defense |
| Voluntariness of custodial statement (Miranda, request for counsel, inducement/threats) | Cain asked for an attorney and was induced by promises (manslaughter offer) and threats (jail family), rendering statement involuntary | Officers testified Cain waived Miranda, denied promises/threats; statement was signed and voluntary | Denied error; trial court credited officers and found statement voluntary under totality of circumstances |
| Brady / mistrial for alleged suppression of voicemail evidence | State failed to timely produce two cell phones containing threatening voicemails from Gregory; lost recordings prejudiced defense | Voicemails were known to Cain, could have been retrieved from providers or remotely; Cain and his sister testified about messages; no reasonable probability of different outcome | Denied error; no Brady violation because defendant knew contents/could obtain them and no reasonable probability of different result |
| Sentencing / merger of aggravated assault convictions | (Raised by court on review) Sentencing aggregated two aggravated assault convictions into one 20-year term | One aggravated assault (against Mobley) merged into malice murder by law, so cannot be separately sentenced | Remanded for resentencing: vacate sentence for merged assault and resentence only for aggravated assault of Gregory |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Brady v. Maryland, 373 U.S. 83 (prosecution duty to disclose exculpatory evidence)
- Murray v. State, 295 Ga. 289 (directed verdict review considers entire record)
- Roper v. State, 281 Ga. 878 (credibility and justification are jury determinations)
- Kidd v. State, 304 Ga. 543 (totality of circumstances for voluntariness of custodial statements)
- Moody v. State, 277 Ga. 676 (waiver of Miranda and officer testimony support voluntariness finding)
- Lucky v. State, 286 Ga. 478 (aggravated assault may merge into malice murder)