Eller v. State
303 Ga. 373
| Ga. | 2018Background
- Victim Danny Gravley was found shot once in the back of the head in the bed of his pickup on March 17, 2013; autopsy indicated a close-range, non-accidental wound.
- Steven Eller (brother) and Tammy Murphy (sister/girlfriend of victim) lived with Gravley; both gave statements admitting involvement in moving the body, disposing of a gun, cleaning and burning items, and lying to family and police.
- Physical and forensic evidence (blood stains, stains in the bedroom only on the inside of the door, soot on wound, wound trajectory, abrasions) contradicted defendants’ accident/self-defense accounts.
- Jury convicted Eller of malice murder and related counts; convicted Murphy of felony murder (based on aggravated assault), concealing a death, and aggravated assault (which merged for sentencing).
- Appellants appealed, challenging sufficiency (Murphy), presence of alternate jurors during deliberations, and multiple claims of ineffective assistance of counsel.
Issues
| Issue | Murphy's Argument | State/Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Murphy of felony murder/aggravated assault | Evidence only showed she was an accessory after the fact, not a participant in the assault or killing | Presence, conduct, and statements before/during/after crime permitted inference she aided/abetted assault leading to murder | Conviction upheld: evidence sufficient to allow rational jury to infer culpable participation and intent |
| Alternate jurors present during deliberations | Presence of alternates violated OCGA § 15-12-171 and is presumptively harmful | State produced juror affidavits showing alternates did not participate or influence verdict; plus counsel consented at trial | Error acknowledged but harmless; claim waived by counsel’s consent; no relief granted |
| Admissibility of medical examiner’s testimony (shot inconsistent with accident) / counsel’s failure to object | Testimony invaded ultimate issue re: intent; objection should have been made | Expert testimony addressed scientific/medical features beyond lay ken and did not state the defendant’s mental state; admissible under Rule 707 | No ineffective assistance: testimony admissible and any objection would be meritless |
| Multiple claimed trial counsel errors (withdrawing notice re: victim’s bad acts, hearsay, pre-arrest silence, not introducing bond order) | Counsel’s omissions deprived defendants of critical defenses/evidence and were professionally deficient and prejudicial | Many issues involved unsettled law, reasonable trial strategy, or cumulative evidence; defendants cannot show prejudice | Claims fail under Strickland: counsel performance not shown deficient or, if arguable, no reasonable probability of different outcome |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
- Navarrete v. State, 283 Ga. 156 (presence, companionship, and conduct before/during/after offense support inference of intent)
- McFolley v. State, 289 Ga. 890 (expert testimony that injuries are inconsistent with accident admissible when beyond ken of jury)
- Newsome v. State, 259 Ga. 187 (affidavits can show harmlessness when alternate juror sat in on deliberations)
- Bullard v. State, 263 Ga. 682 (distinguishes mere post‑crime concealment out of fear from active participation/aid)
- Mohamud v. State, 297 Ga. 532 (limits on introducing specific bad acts of a victim)
- Walker v. State, 296 Ga. 161 (view evidence in light most favorable to verdict)