Cawthon v. State
289 Ga. 507
| Ga. | 2011Background
- Sims, a homeless man, was killed in Decatur on April 5, 2008 from blunt-force head trauma; injuries described as severely disfiguring.
- Cawthon provided a police statement describing a group attack on Sims after an earlier argument; he admitted beating Sims and throwing a brick during the assault.
- Evidence showed the assailants beat Sims, moved him behind benches, and left; the group returned and Cawthon continued to strike.
- Cawthon was charged with felony murder in the commission of aggravated assault, among other offenses; he was convicted as charged with related offenses merged into felony murder; life sentence imposed for felony murder.
- The defense challenged the admission of testimony about prior difficulties between Cawthon and Sims and requested juror instructions on lesser included offenses (involuntary manslaughter and simple battery), which the court denied.
- On appeal, issues raised included sufficiency of the evidence, admissibility of prior-difficulty testimony, and preservation/waiver regarding jury instructions; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State asserts sufficient evidence supports conviction. | Cawthon contends evidence fails to prove felony murder beyond a reasonable doubt. | Evidence sufficient; rational support for verdict. |
| Admissibility of prior-difficulty testimony | State contends testimony admissible under necessity exception to hearsay to show motive/intent. | Cawthon argues testimony is inadmissible hearsay. | Testimony admissible; proper scope and foundation found. |
| Failure to give lesser-included-offense instructions | State argues no error given record and plain-error standard not satisfied. | Cawthon maintains failure to instruct on involuntary manslaughter and simple battery was reversible error. | No reversible error; no plain error shown; waiver and/or lack of plain error confirmed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency review for criminal convictions)
- Wright v. State, 285 Ga. 57 (Ga. 2009) (necessity exception to hearsay for prior-difficulty testimony)
- Head v. State, 276 Ga. 131 (Ga. 2003) (hearsay rule not triggered where not offered for truth)
- Madrigal v. State, 287 Ga. 121 (Ga. 2010) (waiver of appellate review for jury-charge errors absent specific objection)
- Dolphy v. State, 288 Ga. 705 (Ga. 2011) (plain-error framework for jury-charge issues)
- Hicks v. State, 287 Ga. 260 (Ga. 2010) (plain-error review applied to jury-charge issues)
- Tuff v. State, 278 Ga. 91 (Ga. 2004) (character evidence and motive considerations in admissibility)