Givens v. State
294 Ga. 264
| Ga. | 2013Background
- Givens convicted of malice murder for Voncetta Render's death; body found June 4, 2006 in a green Pontiac Bonneville in Fulton County.
- Victim had been out clubbing; witnesses (his children) described noises from appellant's bedroom and money-related confrontations.
- DNA and medical testimony linked victim's blood to appellant's bedroom and his shoes; autopsy showed blunt force trauma and strangulation.
- Appellant testified at trial admitting meetings with victim, theft dispute, intoxication-induced memory lapses, and self-defense rationale.
- Indictment charged multiple counts; trial court sentenced malice murder to life; merger ruling later vacated counts and adjusted sentencing; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for malice murder | Givens contends evidence supports guilt beyond reasonable doubt | Givens argues evidence insufficient under Jackson v. Virginia | Evidence sufficient to sustain conviction |
| Plain error in single witness instruction | Givens argues sequence misled jury about credibility | Givens asserts plain error due to instruction order | No plain error; instruction not obviously erroneous or outcome-determinative |
| Instruction on criminal intent and intoxication | Givens argues instruction diluted State's burden, enabling negligence theory | Givens claims improper because intent instruction allowed negligence theory | Not plain error; instruction accurately stated law and elements |
| Ineffective assistance of counsel | Givens claims counsel failed to withdraw/object, prejudicing case | Givens cannot show prejudice from alleged deficiencies | No prejudice; Division 2 supports no ineffective assistance |
| Merger and sentencing of counts | State argues proper merger; counts vacated; sentence aligns with merger | Givens contends improper sentence for merged counts | Life sentences on counts 2–10 vacated; only malice murder sentence remains |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal conviction)
- Donald v. State, 287 Ga. 798 (Ga. 2010) (unique instruction in that case about credibility of accused witness)
- State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain error review standard in jury instructions)
- Hoehn v. State, 293 Ga. 127 (Ga. 2013) (issues concerning felony murder counts and merger)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (merger when felony murder vacated)