Green v. State
291 Ga. 287
| Ga. | 2012Background
- Gree n was convicted after a jury trial of malice and felony murder of Candy Wright, with a merged aggravated assault charge and a separate rape/assault of Leanna Ziel; felony murder verdict was vacated by operation of law; judgments on remaining convictions imposed consecutive life sentences for murder and rape and 20 years for aggravated assault.
- Wright died in early July 2007 in a filthy shed from manual strangulation with additional injuries; DNA from Wright was found on her genitals, and appellant admitted prior consensual sex with Wright.
- Ziel was assaulted on September 24, 2007; she identified appellant, and DNA from Ziel’s vaginal/rectal areas matched appellant.
- Evidence showed two episodes within months of each other, involving similar MO—strangulation and sexual activity in rough settings—supporting admissibility of related acts for joint trials.
- Appellant argued insufficiency of evidence, severance denial, improper impeachment, suppression of statements, identification issues, and ineffective assistance; the court evaluated these under applicable standards.
- Judgments affirmed despite several challenges to evidence, procedure, and trial conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to sustain the verdicts? | Green contends insufficient evidence post-admission of errors. | Prosecution's evidence should be considered in light of admissible record. | Yes; evidence viewed with all admissible materials supports guilt beyond reasonable doubt. |
| Was denial of severance for joined offenses proper? | Offenses were not sufficiently similar to warrant joinder. | Two incidents shared MO, victims, setting; admissible as similar transaction. | Yes; court held no abuse of discretion in denial of severance. |
| May prosecution impeachment of Ziel with a prostitution conviction be admitted? | Evidence admissible to impeach Ziel’s credibility. | Prostitution conviction is not crimen falsi and violates rape shield. | Admissible only if falls under 24-9-84.1 or rape shield exception; here barred by rape shield statute. |
| Were appellant’s pre-trial statements properly suppressed? | Statements were involuntary and/or obtained in violation of right to counsel. | Statements voluntary; no custodial interrogation; Edwards/ Davis analysis favors admissibility. | Voluntary and admissible; no error in suppression ruling. |
| Did identification procedures at issue produce impermissibly suggestive identifications? | Lineups caused misidentifications due to resemblance in photos. | Photographs showed only minor variances; not impermissibly suggestive. | Identification procedures not impermissibly suggestive; admissible. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Heard v. State, 287 Ga. 554 (2010) (similar-transaction evidence and severance discretion)
- Davis v. State, 290 Ga. 757 (2012) (plain-error/review standard for trial errors)
- Langlands v. State, 282 Ga. 103 (2007) (ineffective-assistance context and remand for new trial)
- Murphy v. State, 267 Ga. 100 (1996) (preservation of burden of proof and instruction issues)
