Faircloth v. State
293 Ga. 134
| Ga. | 2013Background
- Faircloth was convicted of murder and related offenses for the September 24, 2007 killing of Norma Faircloth, his wife of 27 years.
- Evidence showed a history of physical and verbal abuse by Faircloth against Norma during the marriage.
- Norma had expressed intent to leave Faircloth and move out, which she did three days before her death.
- On the evening of the murder, their son Brandon overheard a distressing phone exchange and later heard Faircloth retrieve a gun cabinet and plan to return to get his wife back.
- Faircloth made a 911 call reporting Norma’s death and was observed at the scene as emotionally flat and intoxicated; investigators noted no forced entry and Faircloth claimed to have visited his wife and returned to find her dead.
- A .380 caliber pistol fitting the recovered crime ballistics was linked to Faircloth, and clothing worn by Faircloth at the scene bore Norma’s blood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior domestic difficulties | Faircloth argues prior abuse is too remote to be probative. | Faircloth contends the evidence is admissible to prove relationship and motive. | Admissible for proof of relationship and motive; no abuse of discretion. |
| Admission of victim's statements about the relationship | Statements were irrelevant hearsay and should be excluded. | Necessity exception applies; statements are trustworthy and probative. | Statements admitted under necessity; trustworthy and probative, no abuse of discretion. |
| Sufficiency of evidence | Evidence does not support guilt beyond reasonable doubt. | Evidence, including ballistics and scene behavior, supports guilt. | Evidence sufficient for rational jury to convict. |
Key Cases Cited
- Frazier v. State, 278 Ga. 297 (Ga. 2004) (admissibility of prior difficulties to prove relationship and motive)
- Mathis v. State, 291 Ga. 268 (Ga. 2012) (necessity and trustworthiness in hearsay exception for deceased declarant)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (credibility and weighing of testimony; jury credibility determinations)
- Rowe v. State, 276 Ga. 800 (Ga. 2003) (remoteness affects weight of evidence, not admissibility)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidentiary review)