FAIRWELL v. State
311 Ga. App. 834
| Ga. Ct. App. | 2011Background
- Fairwell was convicted of reckless conduct (Count 1) and several felonies including obstruction, fleeing, and hit-and-run related counts (Counts 2, 3, 5, 6).
- On June 4, 2007, Fairwell was approached for a tag violation in a parking deck and fled when commanded to stop by officers.
- She struck a police officer with her vehicle, then fled, colliding with two more vehicles and a bicycle.
- Photographs showed damage to both attended and unattended vehicles, supporting knowledge of the collisions.
- The court addressed sufficiency of evidence, jury instructions, indictment validity, and related trial-errors issues on appeal.
- The court affirmed the convictions and rejected the various challenge grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process error from jury instructions beyond indictment | Fairwell | Fairwell contends instructions allowed uncharged manners | No reversible error; plain-error review only; objections waived but no due process violation found. |
| Sufficiency of evidence for Counts 3, 5, 6 | Fairwell | Sufficient evidence supported convictions | Evidence viewed in light of the elements supported Counts 3, 5, 6. |
| Indictment defective for missing elements | Fairwell | Indictment failed to state essential elements | Not properly raised; no reversible error; indictment deemed not fatally defective. |
| Ineffective assistance regarding jury charge objections | Fairwell | No ineffective assistance shown | No merit; no reversible error in instructions. |
| Consistency of verdicts (fleeing vs reckless conduct) | Fairwell | Verdicts not inconsistent under law | Inconsistency rule abolished; verdicts not defective. |
Key Cases Cited
- Jackson v. State, 284 Ga.App. 619 (Ga. Ct. App. 2007) (sufficiency and standards for reviewing evidence)
- Martin v. State, 303 Ga.App. 117 (Ga. Ct. App. 2010) (requirements for evaluating criminal intent and evidence)
- Elrod v. State, 238 Ga.App. 80 (Ga. Ct. App. 1999) (indictment and charge framing standards)
- Essuon v. State, 286 Ga.App. 869 (Ga. Ct. App. 2007) (guidance on jury instructions and ejusdem generis)
- Collier v. State, 267 Ga.App. 410 (Ga. Ct. App. 2004) (ineffective assistance and preserved objections)
- Milam v. State, 255 Ga. 560 (Ga. 1986) (inconsistency rules in verdicts)
- Burden v. State, 187 Ga.App. 778 (Ga. Ct. App. 1988) (evidence sufficiency for obstruction scenarios)
- Priester v. State, 249 Ga.App. 594 (Ga. Ct. App. 2001) (interpretation of obstructing to include force or violence)