Francis v. State
296 Ga. 190
| Ga. | 2014Background
- In 2006 Thomas Marlin Francis shot and killed his wife; she made a 911 call and was found deceased in the master bathroom; Francis admitted to shooting her and said he was "glad he shot her."
- Crime-scene and medical evidence: two non‑instantaneously lethal shots (mouth, chest) and one fatal shot through the back of the head; phone and knife found; GBI concluded the knife had no blood or prints and likely was placed after the shooting.
- Francis claimed fear, PTSD, and battered‑person syndrome (BPS) and asserted self‑defense/justification; defense experts testified BPS/PTSD impaired his reasoning; State expert testified he understood right/wrong.
- At a custodial interview Francis initialed a Miranda waiver (making an X with his left hand) and ultimately spoke; defense counsel for Francis was present in the sheriff’s office but never met him.
- Francis was convicted of malice murder and related counts in 2008; he appealed the denial of an amended motion for new trial (claims: insufficiency of evidence, suppression error re: custodial statement, refusal of certain jury charges, ineffective assistance of counsel).
Issues
| Issue | Francis's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | Evidence of BPS/PTSD and justification negated malice; killing was defensive | Jury could reject self‑defense; conduct (kicking, ripping phone cord, shooting in back of head, statements) supports malice | Conviction affirmed — evidence sufficient for malice murder under Jackson v. Virginia standard |
| Request for voluntary manslaughter charge | Prior abuse and fear supported sudden‑passion provocation instruction | No specific, contemporaneous provocation or heat‑of‑passion; prior incidents and hours‑old words insufficient | Charge not required — no evidence of sudden, irresistible passion |
| Request for special BPS jury instruction | Supplemental BPS wording necessary to explain reasonableness standard given prior abuse | Pattern BPS instruction adequately covered law; supplemental language duplicative | Trial court did not abuse discretion in refusing duplicate charge |
| Suppression of custodial statement — Miranda waiver and invocation of counsel | Waiver was invalid because officer implied signing required; presence of retained attorney or equivocal remark invoked right to counsel | Officer read rights; Francis understood and voluntarily continued; remark about not affording counsel was equivocal; attorney outside could not invoke right for him | Denial of suppression affirmed — waiver valid and no clear invocation of right to counsel |
| Ineffective assistance of counsel | Counsel failed to raise Darby after it issued; failed to accommodate Francis's hearing loss | Failure to raise meritless Darby claim not deficient; hearing loss developed after trial and was not disclosed to counsel | No ineffective assistance — performance not deficient and no prejudice shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Darby, 284 Ga. 271 (explaining limits on police advice re: waiver and spontaneous statements)
- Moran v. Burbine, 475 U.S. 412 (officers need not disclose attorney's presence to suspect)
- Strickland v. Washington, 466 U.S. 668 (two‑prong ineffective assistance test)
- Willis v. State, 287 Ga. 703 (requirements for invoking Miranda right to counsel)
- Merritt v. State, 292 Ga. 327 (voluntary manslaughter charge; words alone and delay insufficient provocation)
- Bunnell v. State, 292 Ga. 253 (standard for Miranda waiver and voluntariness review)
- Bell v. State, 280 Ga. 562 (distinguishing repelling an attack from heat‑of‑passion provocation)