Dawson v. State
300 Ga. 332
| Ga. | 2016Background
- In March 2006, Lisa Dawson and Kenneth Sands were found stabbed to death in Lisa’s bedroom; Lisa 62 stab wounds, Sands 71. Dawson was indicted for malice murder, felony murder, burglary, and weapon offenses.
- Evidence showed Dawson’s truck near the scene, his blood and the victims’ blood in the truck and on his jeans, and neighbors placing his truck near Lisa’s home around the time of the killings.
- A jailhouse informant/cellmate, Marvin Amey, testified that Dawson confessed and described driving to Lisa’s house, using a key to enter, taking a knife and a kitchen steak knife, waiting until the victims slept, and stabbing them.
- Dawson presented a heat-of-passion/voluntary manslaughter defense; jury was instructed on malice murder and voluntary manslaughter and convicted of malice murder and related charges.
- On appeal Dawson raised evidentiary errors (exclusion of a hospital evaluator’s testimony, admission of hearsay about a 1992 similar transaction, use of the word “murder” by witnesses, exclusion of certain character evidence) and multiple ineffective-assistance-of-counsel claims.
- The Georgia Supreme Court affirmed the convictions, finding any evidentiary errors harmless given overwhelming evidence and rejecting the ineffective-assistance claims under Strickland.
Issues
| Issue | Dawson's Argument | State/Respondent's Argument | Held |
|---|---|---|---|
| Exclusion of hospital evaluator (Sims-Mitchell) | Testimony would show Dawson not thinking clearly, supporting voluntary manslaughter | No proffer; evaluator’s psychological conclusions irrelevant where insanity not pursued; other witnesses testified to abnormal behavior | Exclusion not abuse of discretion; no reversible error |
| Admission of hearsay facts for 1992 similar transaction | Detective’s testimony relaying victim’s out-of-court statements violated Crawford/Confrontation Clause | Trial court allowed similar transaction; even if error, admission harmless beyond reasonable doubt given overwhelming evidence | Any error harmless; conviction stands |
| Use of the word “murder” by State witnesses | Repeated use prejudiced jury and denied fair trial | Prior decisions permit use; no improper influence shown; evidence overwhelming | No reversible error; usage permissible here |
| Denial of certain good-character evidence (Reverend McDonald) | Blocked from eliciting favorable character evidence | No proffer of specific testimony; counsel elicited permitted church/character activity | No showing of prejudice; no reversible error |
| Multiple ineffective-assistance claims (various asserted omissions) | Trial counsel failed to record/fully develop impeachment of Amey, seek Massiah hearing, object to exhibits/testimony, pursue mistrials, elicit more character evidence, move to acquit on burglary | Counsel pursued objections, presented investigator notes, sought pretrial admissibility ruling, made strategic choices; many claims meritless or not prejudicial given proof | Strickland test not met; performance not deficient or no prejudice; claims denied |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Sears v. State, 298 Ga. 400 (heat-of-passion instruction and jury’s ability to reject manslaughter claim)
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause hearsay rule)
- Massiah v. United States, 377 U.S. 201 (post-indictment elicitation and right to counsel)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Wright v. State, 291 Ga. 869 (review of trial strategy and counsel performance)
- Laney v. State, 271 Ga. 194 (permissible use of word "murder" in trial)
- James v. State, 270 Ga. 675 (motions for mistrial based on witness language)
- Inman v. State, 281 Ga. 67 (error requires showing of harm)
- Stinski v. State, 286 Ga. 839 (harmless-error and prejudice requirement)
- Thomas v. State, 282 Ga. 894 (need for proffer to show excluded testimony would be favorable)
- Fuller v. State, 277 Ga. 505 (Strickland prong analysis guidance)
- Robinson v. State, 277 Ga. 75 (appellate standard for reviewing trial-court factual findings)
- Simpson v. State, 298 Ga. 314 (hindsight not allowed in judging counsel performance)
- Goodwin v. Cruz-Padillo, 265 Ga. 614 (burden to show omitted evidence would be favorable)
- Malcolm v. State, 263 Ga. 369 (procedural note on vacated felony-murder counts)