Fletcher v. State
307 Ga. App. 131
| Ga. Ct. App. | 2010Background
- Fletcher was convicted by a jury on two counts of homicide by vehicle, one count of DUI less safe, and one count of driving without a license.
- 911 indicates Fletcher admitted being drunk shortly after the crash; officers smelled alcohol and observed dilated pupils and alcohol odor on Fletcher.
- Blood test showed a BAC of 0.142; accident reconstruction suggested excessive speed and loss of control leading to fatal injuries to the other person.
- The victim died from blunt force head trauma; the car crash occurred after Fletcher and the victim had been at a nearby residence.
- Fletcher appealed challenging multiple trial rulings and trial strategy, including implied-consent procedure, evidence on seat belt causation, and ineffective assistance claims.
- The appellate court affirmed the verdict, finding no reversible error substantial enough to overturn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of audio recording | Fletcher argues audio at hospital should be admitted. | State contends waiver due to no objection. | Waived; no reversible error. |
| Evidence of seat belt as intervening cause (proximate cause) | Seat belt failure was intervening cause undermining guilt. | Fletcher's conduct was a substantial factor; admissibility within court's discretion. | Exclusion upheld; no abuse of discretion. |
| Implied consent notice sufficiency | Officer misread/omitted aspects of implied consent. | Officer read full notice and summarized; meets requirements. | Not error; proper compliance shown. |
| Sufficiency of evidence for DUI less safe | Limited objective evidence beyond BAC; no field tests. | Circumstantial indicators and statements show less-safe driving. | Sufficient under Jackson v. Virginia. |
| Ineffective assistance of counsel | Counsel failed to object to closing arguments and to question phlebotomist. | No deficient performance or prejudice proven. | No ineffective assistance established; trial counsels' actions not shown to be deficient or prejudicial. |
Key Cases Cited
- Whitener v. State, 201 Ga.App. 309, 410 S.E.2d 796 (1991) (negligence as proximate cause in criminal homicide; substantial factor standard)
- Moore v. State, 258 Ga.App. 293, 574 S.E.2d 372 (2002) (trial court's discretion in ruling on evidence admissibility)
- Cullingham v. State, 242 Ga.App. 499, 529 S.E.2d 199 (2000) (implied consent notice sufficiency when complete read and summarization provided)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979) (standard for sufficiency of evidence to sustain a criminal conviction)
- Sistrunk v. State, 287 Ga.App. 39, 651 S.E.2d 350 (2007) (prosecution evidence and sufficiency standards for DUI lesser included offenses)
- Amis v. State, 277 Ga.App. 223, 626 S.E.2d 192 (2006) (inconsistent verdicts; general rule on multiple convictions)
- Coleman v. State, 286 Ga. 291, 687 S.E.2d 427 (2009) (inconsistent verdicts; mutual exclusivity considerations)
- Dumas v. State, 266 Ga. 797, 471 S.E.2d 508 (1996) (non-mutual-exclusivity of verdicts; rationale for upholding compounded offense)
- Vaughn v. State, 301 Ga.App. 55, 686 S.E.2d 847 (2009) (ineffective assistance standards and procedural posture)