Favors v. State
326 Ga. App. 373
Ga. Ct. App.2014Background
- Smyrna police, alerted by Cobb County Animal Control, surveilled Favors’ residence and observed him leave in a vehicle that contained a large plastic animal transport container.
- Officers (with adjacent owner’s consent) observed multiple pit bulls on Favors’ property restrained on heavy logging chains, separated from one another, kept in worn areas with little vegetation, and with limited water; several dogs were emaciated, scarred, and had untreated bite wounds.
- A search warrant execution uncovered a basement dogfighting pit with blood on walls/floor and bloody animal prints; wood from a wall tested positive for dog blood; dog breeding/lineage documents and photos were found in the home.
- Favors was convicted by a jury of three counts of aggravated cruelty to animals (OCGA § 16-12-4(c)) and four counts of cruelty to animals (OCGA § 16-12-4(b)); other dogfighting-related counts deadlocked and were later nolle prossed.
- On appeal Favors argued (1) insufficiency of evidence linking him to the animals/dogfighting, (2) ineffective assistance for not objecting to a girl’s book report admitted in a documents exhibit, and (3) the trial court erred by refusing to strike a juror for cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support cruelty/aggravated cruelty convictions | State: Circumstantial evidence (dogs on his property, chains, wounds, pit, blood, documents) supports convictions | Favors: State failed to prove dogs were his or that he was connected to dogfighting | Affirmed — evidence viewed in light most favorable to verdict satisfied Jackson standard; ownership not required and circumstantial evidence supported connection to dogfighting |
| Ineffective assistance for failing to inspect/object to State’s Exhibit 8 (contains girl’s book report) | State: Even if counsel erred, excerpt was harmless because it added nothing material to facts showing cruelty | Favors: Counsel deficient for not inspecting exhibit and objecting to the book report’s admission/argument | Denied — defendant failed to show prejudice; excerpt unlikely to change verdict |
| Trial court’s refusal to strike juror Duckett for cause | State: Trial court properly determined juror could follow instructions and judge facts | Favors: Duckett expressed a "bad feeling" and should have been excused as biased | Denied — no manifest abuse of discretion; juror’s statements showed willingness to decide based on evidence/instructions |
| Whether ownership is an element of cruelty/aggravated cruelty | State: Ownership not required under OCGA § 16-12-4(b),(c) | Favors: Argued insufficient proof dogs were his so convictions unsupported | Affirmed — statute does not require ownership; presence and control/custody and other circumstantial factors sufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Stephens v. State, 247 Ga. App. 719 (review standard and sufficiency application)
- Pruitt v. State, 282 Ga. 30 (two-prong Strickland prejudice standard explained)
- Wright v. State, 291 Ga. 869 (appellate review of trial court findings in ineffective assistance claims)
- Miller v. State, 275 Ga. 730 (standard for striking juror for cause)
- Abdullah v. State, 284 Ga. 399 (deference to trial court on juror strikes)