Fouts v. State
322 Ga. App. 261
| Ga. Ct. App. | 2013Background
- Fouts was convicted after a jury trial of vehicular homicide in the first degree, possession of methamphetamine, no proof of insurance, and operating without immediate possession of a driver’s license.
- An inventory of the vehicle after the crash revealed methamphetamine in Fouts’s purse, identification, and a suspended license; the vehicle was not registered in her name and had a misregistered title.
- Responding officers did not find proof of insurance in the vehicle; they did not verify through DOR records whether insurance was in effect.
- SCRT investigated; investigators found Fouts crossed the centerline, causing the head-on collision; trial court later denied post-trial motions.
- On appeal, the court reversed the no-proof-of-insurance conviction, affirmed the other convictions, and concluded no ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment defect properly raised | Fouts challenges no-proof indictment defects. | State contends defect not properly raised on post-trial motion. | Indictment defect not properly before court. |
| Sufficiency of proof for no proof of insurance | Owner must prove insurance; purse search insufficient. | State need only prove operation without proof in possession. | Evidence insufficient; conviction reversed. |
| Criminal negligence instruction as plain error | Trial court erred by not giving negligence instruction. | No plain error; instruction sufficient as given. | No plain error; instruction adequate. |
| Ineffective assistance of counsel | Counsel failed to raise/argue ineffectiveness grounds. | No deficient performance or prejudice shown. | No ineffective assistance; claims lack merit. |
Key Cases Cited
- Thomas v. State, 314 Ga. App. 124 (2012) (indictment challenges via new trial motion proper timing)
- Abernathy v. State, 191 Ga. App. 350 (1989) (distinguishes first vs. second degree vehicular homicide)
- Wright v. State, 304 Ga. App. 651 (2010) (centerline crossing as reckless driving evidence)
- Morrison v. State, 272 Ga. App. 34 (2005) (centerline crossing evidence of reckless driving)
- Fulton v. State, 278 Ga. 58 (2004) (ineffective assistance standard and prejudice inquiry)
- Gathuru v. State, 291 Ga. App. 178 (2008) (reasonable probability standard for requested charges)
- Green v. State, 266 Ga. 758 (1996) (standard for evaluating trial counsel effectiveness)
- Medlock v. State, 263 Ga. 246 (1993) (police expert testimony admissibility on ultimate issues)