Hamm v. State
294 Ga. 791
| Ga. | 2014Background
- Hamm was convicted of malice murder and related offenses for the December 14, 2008 shooting death of Ruiz-Mendieta.
- The State’s case included victim-procured sex-work and Hamm’s possession of firearms; O’Kelly testified Hamm threatened, coerced, and shot the victim.
- Daniel testified Hamm admitted killing someone and that Hamm possessed an AK-47; he described discussions about the crime and handling of the weapon.
- Witness Aberdella Scott observed Hamm bullying O’Kelly and noted two guns in Hamm’s possession.
- O’Kelly testified Hamm later shot her in February 2009; Hamm fled, relocated with O’Kelly to West Point, and faced an arrest warrant for the Ruiz-Mendieta offense.
- The trial court denied Hamm’s motion for new trial; Hamm timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by denying an accomplice-corroboration instruction | Hamm contends O’Kelly was an accomplice; corroboration was required. | State relied on independent evidence; corroboration instruction unnecessary. | Error to refuse the instruction; overruled on harmlessness finding. |
| Harmlessness of the absence of the instruction | Without the instruction, the jury could rely solely on O’Kelly’s testimony. | Independent corroboration existed; jurors could evaluate credibility without a specific instruction. | Harmless beyond a reasonable doubt; no reversible error. |
Key Cases Cited
- Hicks v. State, 287 Ga. 260 (2010) (slight-evidence standard for jury instructions)
- Johnson v. State, 288 Ga. 803 (2011) (accomplice corroboration guidance)
- Hall v. State, 241 Ga. 252 (1978) (no-error rationale for corroboration when relied on other evidence)
- Fleming v. State, 269 Ga. 245 (1998) (accomplice corroboration instruction error where relied on other evidence)
- Meredith v. State, 148 Ga. App. 853 (1979) (accomplice corroboration considerations by Court of Appeals)
- Kegler v. State, 317 Ga. App. 427 (2012) (no error where State relied on other evidence)
- Laing v. State, 304 Ga. App. 15 (2010) (no error on accomplice-corroboration charge when other evidence exists)
- Cochran v. State, 300 Ga. App. 92 (2009) (no error where other evidence supports conviction)
- Jones v. State, 270 Ga. 25 (1998) (accomplice-related considerations; jurisprudence cited)