Eller v. State
811 S.E.2d 299
Ga.2018Background
- Victim Danny Gravley was found shot in the bed of his pickup truck on March 17, 2013; autopsy showed a single .38 head wound inconsistent with an accidental discharge.
- Gravley lived with Tammy Murphy and her brother Steven Eller; both gave statements implicating cleaning up the scene, moving the body, burning items, and disposing of the gun.
- Physical evidence at the residence (blood stains, stains detected with black light, and blood on Eller's shoes) and inconsistencies in defendants’ accounts contradicted claims of an accidental shooting.
- A jury convicted Eller of malice murder and related counts; Murphy was convicted of felony murder (based on aggravated assault) and other counts but acquitted of malice murder and firearms possession.
- On appeal, Murphy challenged the sufficiency of the evidence for felony murder/aggravated assault; both appellants raised claims about alternate jurors in the jury room and multiple ineffective-assistance-of-counsel theories.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Murphy/Eller) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Murphy of felony murder and aggravated assault | Evidence of participation, presence, conduct before/during/after killing, and concealment supports inference Murphy aided and abetted assault leading to felony murder | Murphy argued she was merely an accessory after the fact and lacked intent to participate in underlying assault | Conviction upheld: viewing evidence in favor of verdict, jury could infer criminal intent from presence, companionship, and conduct; evidence inconsistent with accident supported verdict |
| Presence of alternate jurors during deliberations | State: any error was harmless; affidavits from all jurors and alternates show alternates did not participate or influence verdict | Appellants argued statutory prohibition was violated and presence required reversal | Error acknowledged but harmless; appellants also waived by counsel consent, so no reversible error |
| Admissibility of medical examiner’s testimony that wound was inconsistent with accident | State: ME’s opinion based on specialized knowledge is admissible under expert-evidence rules and did not invade ultimate-issue prohibition | Defendants argued such testimony effectively decided the accident/intent issue and should be excluded | Testimony admissible: it addressed a scientific/medical question beyond lay ken and did not opine on defendants’ mental state; counsel not ineffective for failing to object |
| Ineffective assistance claims (cumulative: consenting to alternates, withdrawing notice about victim’s bad acts, failing to object to hearsay/pre-arrest silence, not admitting no-contact order) | State: trial strategy and settled-law limits explain counsel choices; where law unsettled or objections would be meritless, performance not deficient; no prejudice shown | Appellants contended multiple strategic errors and failures prejudiced defense | Claims rejected: counsel performance fell within reasonable professional judgment; most objections would be meritless or raise unsettled legal issues, and appellants failed to show prejudice under Strickland |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance)
- Newsome v. State, 259 Ga. 187 (harmlessness framework for alternate juror presence)
- Johnson v. State, 235 Ga. 486 (alternate juror harmless-error analysis)
- McFolley v. State, 289 Ga. 890 (expert testimony on injuries inconsistent with accident admissible when beyond lay ken)
- Mallory v. State, 261 Ga. 625 (pre-2013 rule on inadmissible comment on pre-arrest silence noted but inapplicable post-Evidence Code change)