Collier v. State
288 Ga. 756
| Ga. | 2011Background
- Collier was convicted of malice murder for the death of Ben Sullen, Jr. and sentenced to life imprisonment in Georgia.
- Evidence showed Collier threatened to defend himself with a pipe, then struck the intoxicated victim with a metal pipe during a street altercation the day after the threat.
- A blood-stained pipe was found leaning against Collier's mailbox after the incident, and the victim died from blunt force trauma to the head and chest.
- The defense challenged the sufficiency of the evidence and the admissibility of specific prejudicial testimony about the victim’s reputation for violence and weapons.
- Collier admitted drug convictions from 1996 in testimony, and the trial record raised concerns about whether those convictions were admissible under OCGA § 24-9-84.1, and whether the issue was properly preserved.
- The majority affirmed the conviction, addressing issues related to evidence, jury instructions on impeachment, and the interplay of OCGA § 17-8-58 with plain error review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient for malice murder? | Collier contends evidence supports defense/justify self-defense rather than malice murder. | State argues eyewitness and physical evidence prove malice murder beyond reasonable doubt. | Evidence sufficient to sustain malice murder conviction. |
| Was victim’s reputation for violence admissible under three-pronged test? | Collier relied on victim’s reputation and weapons to justify self-defense. | State argues reputation evidence is admissible only if the three-pronged test is met. | Three-pronged test required; reputation evidence inadmissible as Collier failed to show victim aggressor and immediate danger. |
| Was admission of Collier's 1996 drug convictions properly preserved and admissible under OCGA § 24-9-84.1? | Collier argues trial court erred by admitting drug convictions without proper ruling. | State contends evidentiary balancing not triggered due to lack of preserved objection; ineffective assistance claim fails. | Issue not preserved for appellate review; ineffective-assistance claim rejected. |
| Did the jury instruction on impeachment violate OCGA § 17-8-58 or constitute plain error? | Collier argues instruction improperly invaded jury’s function and misused drug-convictions. | State argues instruction allowed legitimate impeachment and did not misstate law. | No reversible error; plain error review discussed but not found. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Walker v. State, 281 Ga. 521 (Ga. 2007) (limits on sufficiency review/credibility considerations)
- Alexander v. State, 285 Ga. 166 (Ga. 2009) (reputation evidence in murder trials—three-pronged test)
- Cooper v. State, 249 Ga. 58 (Ga. 1982) (three-pronged test for admissibility of victim’s violence reputation)
- Campbell v. State, 222 Ga. 570 (Ga. 1966) (early formulation of evidence-reputation rule)
- Walden v. State, 267 Ga. 162 (Ga. 1996) (limits on impeachment and using prior bad acts)
- Felder v. State, 273 Ga. 844 (Ga. 2001) (limits on the use of threats and weapons for justification)
- Lewis v. State, 268 Ga. 83 (Ga. 1997) (verbal threats and deadly force justification principles)
- Cochran v. State, 9 Ga. App. 824 (Ga. App. 1911) (no justification where deadly force follows a resolved confrontation)
- Carter v. State, 285 Ga. 565 (Ga. 2009) (reasonable fear doctrine in self-defense cases)
- Madrigal v. State, 287 Ga. 121 (Ga. 2010) (plain error review for unobjected jury-charge issues under OCGA § 17-8-58)
- Metz v. State, 284 Ga. 614 (Ga. 2008) (early interpretation of OCGA § 17-8-58(b) plain error scope)
- State v. Gardner, 286 Ga. 633 (Ga. 2010) (preference for plain error approaches under post-OCGA 17-8-58 framework)
- Paul v. State, 272 Ga. 845 (Ga. 2000) (plain error review in criminal context pre-OCGA 17-8-58)
