Ensley v. State
294 Ga. 200
| Ga. | 2013Background
- Ensley lived with his father Lynn Ensley; on Oct. 5, 2009, 911 call claimed Lynn had fallen or been shot; a .38 revolver and two cartridges were found on Lynn's bed, and a pipe bomb was found in Ensley's room.
- Ensley told responders he heard two gunshots, claimed he opened the revolver, and said he tried to stop Lynn's bleeding; Lynn was found on the bedroom floor near a space heater, with a wound not typical of a suicide per expert.
- Ensley claimed Lynn was in debt and feared a hit man; he later provided inconsistent statements about who left the house and who fired the fatal shot.
- A beaver-dam use for the pipe bomb was claimed but the device contained shrapnel; Ensley suggested a broader narrative about his relationship with Lynn and a truck dispute.
- In custody, Ensley gave inconsistent statements to inmates about colluding with Ballew to kill Lynn; Ballew testified to prior offers of a share of insurance proceeds.
- The jury convicted Ensley of malice murder, aggravated assault charges with firearm possession, and unlawful handling of an explosive device; several sentences were imposed and later the court remanded for resentencing on possession counts due to merger rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the possession charges merged with malice murder sentences? | Ensley argues separate firearm possession sentences are duplicative. | State contends merger governs when same victim; allowable to vacate duplicated sentences. | Vacate duplicate possession sentences; remand for resentencing. |
| Was there juror impartiality error preserved? | Ensley contends juror bias based on cousin's statements. | State argues waiver and court discretion to discharge jurors; no abuse. | Waiver and discretion; no abuse; no reversal on this basis. |
| Did trial counsel render ineffective assistance? | Counsel failed to interview two text-message recipients; prejudice claimed. | Even if deficient, no demonstrated prejudice from missing testimony. | No prejudice shown; ineffective-assistance claim denied. |
| Was the evidence sufficient to sustain the malice murder conviction? | Evidence supports the verdict beyond reasonable doubt. | Argument focused on timeline and possible alternate explanations. | Evidence authorized jury verdict beyond reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for criminal convictions)
- Slaughter v. State, 292 Ga. 573 (Ga. 2013) (merger and sentencing for possession where same victim)
- State v. Marlowe, 277 Ga. 383 (Ga. 2003) (merger of possession charges when same victim)
- Billings v. State, 293 Ga. 99 (Ga. 2013) (remand for resentencing when necessary to address merger)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (merger/overlap guidance in sentencing)
- Sears v. State, 292 Ga. 64 (Ga. 2012) (trial court’s ability to assess impartiality and demeanor)
- White v. State, 281 Ga. 276 (Ga. 2006) (waiver of juror-related error and discretion to remove juror)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (standard for appellate review of trial court findings)