Franklin v. State
295 Ga. 204
Ga.2014Background
- Franklin and Coleman beat Briddell on July 5, 1998; Briddell died three months later from injuries.
- Victim owed Franklin $5 in drug money at the time of the beating.
- Briddell remained in a chronic vegetative state requiring a tracheal tube and feeding tubes.
- Death certificate was later amended to attribute death to delayed complications of blunt head trauma.
- Franklin was arrested for murder on June 5, 1999; he admitted beating Briddell but denied hitting him with a gun.
- Trial included evidence that the beating was proximate cause of death and that the dislodged tracheal tube contributed to respiratory arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient proximate causation for felony murder | Franklin beat victim; proximate cause supported | Cause of death was respiratory arrest/asystole from tube, not beating | Yes; evidence supported proximate causation and felony murder |
| Preservation of medical examiner–death certificate issue | Argument preserved by trial record | Not preserved due to lack of trial objection | Not preserved for appellate review |
| Juror 13 for cause or impartiality | Trial court failed to remove biased juror | Trial court did not abuse discretion | No manifest abuse; affirmed |
| Correctness of jury charges and recharge on relationship between felony and homicide | Charge required legal relationship between felony and homicide | Recharge permissibly allowed concurrent legal relationship | Charges and recharge correct; sufficient to sustain conviction |
Key Cases Cited
- State v. Jackson, 287 Ga. 646 (Ga. 2010) (proximate causation standard for felony murder)
- Davis v. State, 290 Ga. 757 (Ga. 2012) (evaluate elements of felony in actual circumstances)
- Currier v. State, 294 Ga. 392 (Ga. 2014) (intervening causes in causation analysis)
- Neal v. State, 290 Ga. 563 (Ga. 2012) (sufficiency of evidence for felony murder)
- Bryant v. State, 270 Ga. 266 (Ga. 1998) (immobilization during treatment as proximate cause)
- Skaggs v. State, 278 Ga. 19 (Ga. 2004) (proximate cause where subsequent events foreseeable)
- Green v. State, 266 Ga. 758 (Ga. 1996) (proximate cause from head trauma leading to death)
- Dupree v. State, 247 Ga. 470 (Ga. 1981) (proximate cause in violent felonies)
- Sapp v. State, 290 Ga. 247 (Ga. 2011) (read jury charges as a whole for error)