Clough v. State
298 Ga. 594
Ga.2016Background
- On Oct. 16, 2009, Duane Clough broke into his estranged wife’s mother’s home, found Michelle Clough and Christopher Watkins sleeping, stabbed and killed Watkins, then brutally assaulted Michelle and her mother, Mary Thomas; he was later arrested.
- A Carroll County grand jury indicted Clough on multiple counts, including malice murder, two felony-murder counts (aggravated assault and burglary predicates), aggravated assaults, burglary, and weapons offenses; a jury convicted him on all counts in Oct. 2011.
- At trial Clough requested a jury charge on voluntary manslaughter as a lesser included offense of murder; the trial court refused, reasoning Clough’s unlawful presence in the home precluded manslaughter.
- On appeal Clough argued the court erred by refusing the voluntary-manslaughter charge; the State defended the refusal based on the defendant’s unlawful entry and the sufficiency of provocation.
- The Georgia Supreme Court held the trial court erred in refusing the voluntary-manslaughter charge as to the malice murder and the felony-murder count predicated on aggravated assault, reversing those convictions and remanding; the felony-murder (burglary predicate) conviction was left intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing requested voluntary-manslaughter charge | Clough: slight evidence of serious provocation (adultery, statements, conduct) required giving the charge | State/Trial court: unlawful entry and revenge negate manslaughter; sufficiency of provocation lacking | Yes — error to refuse; jury should have been charged on voluntary manslaughter for malice murder and felony murder (aggravated assault) |
| Whether unlawful entry bars voluntary manslaughter instruction as a matter of law | Clough: no territorial limitation in statute; jury decides sufficiency of provocation | Trial court: being in another’s home without right prevents manslaughter instruction | No — statute contains no such territorial restriction; jury decides provocation sufficiency |
| Effect of manslaughter-charge error on related felony-murder convictions | Clough: error requires reversal of malice murder and related felony-murder predicated on aggravated assault | State: some felony-murder convictions may remain | Malice murder reversed; felony-murder (aggravated assault) reversed; felony-murder (burglary predicate) remains valid |
| Whether voluntary manslaughter applies as lesser-included offense to felony murder predicated on burglary | Clough: burglary here facilitated the assault; manslaughter may apply | State: Edge precedent limits manslaughter as lesser for certain felony-murder predicates | Court: follows precedent — voluntary manslaughter inapplicable to felony murder (burglary) here; that conviction stands |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (evidence sufficient standard)
- Morgan v. State, 290 Ga. 788 (trial court must give included-offense charge if any evidence supports it)
- Beam v. State, 265 Ga. 853 (same rule on included offenses)
- Raines v. State, 247 Ga. 504 (included-offense charge requirement)
- Brooks v. State, 249 Ga. 583 (adultery may be serious provocation supporting manslaughter)
- Goforth v. State, 271 Ga. 700 (sufficiency of provocation is for jury to decide)
- Lynn v. State, 296 Ga. 109 (jury decides murder vs. voluntary manslaughter)
- Washington v. State, 249 Ga. 728 (failure to give manslaughter charge reversible error in proper circumstances)
- Edge v. State, 261 Ga. 865 (limits application of voluntary manslaughter as lesser included offense of certain felony-murder predicates)