Davis v. State
290 Ga. 421
| Ga. | 2012Background
- Appellant Kevin E. Davis murdered his wife Rachel Davis in their bedroom during the early morning of February 5, 2007; two sleeping children were in the home nearby.
- Davis overslept his newspaper-delivery shift and did not report to work as scheduled.
- An argument occurred in which Rachel told Davis she no longer loved him; Davis demanded to know the name of her alleged lover.
- Davis smothered Rachel in the bed, then woke the children and prepared them for school, misdirecting them about their mother’s health.
- Davis moved his wife’s van to a concealed location, contacted his ex-wife in Pennsylvania, admitted choking her to a—phone call, and was later apprehended inside a courthouse.
- The jury convicted Davis of felony murder and aggravated assault; the aggravated assault count merged into felony murder and he was sentenced to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proved suffocation as the mode of death | Davis | Davis | Yes; sufficient to prove suffocation beyond a reasonable doubt. |
| Whether the jury capable of finding voluntary manslaughter instead of murder | Words alone may constitute provocation under Strickland/ Brooks interpretations | There was no taunting or adulterous provocation by the victim; no evidence replacing menaces | The trial court’s manslaughter instruction was not erroneous. |
| Whether the evidence supported felony murder with an aggravated assault on an unknown instrumentality | Evidence showed suffocation as the instrumentality and murder during an aggravated assault | Suffocation not proven as the manner of death beyond reasonable doubt | Evidence was sufficient to support felony murder and aggravated assault as charged. |
Key Cases Cited
- Elrod v. State, 238 Ga.App. 80, 82(2), 517 S.E.2d 805 (1999) (standard for jury to determine manner of assault; sufficiency review under Jackson v. Virginia)
- Mack v. State, 272 Ga. 415, 529 S.E.2d 132 (2000) (adultery-based provocation insufficient unless taunting evidenced)
- Strickland v. State, 257 Ga. 230, 231-232(2), 357 S.E.2d 85 (1987) (limits on provocation instructions for voluntary manslaughter)
- Brooks v. State, 249 Ga. 583, 586, 292 S.E.2d 694 (1982) (adulterous taunting can support manslaughter where present)
- Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (standard for reviewing sufficiency of evidence)