Hanes v. State
294 Ga. 521
| Ga. | 2014Background
- Hanes was convicted by a jury of malice murder and aggravated assault for a 2010 shooting in a AutoZone parking lot resulting in Thomas's death and Stewart's injury.
- Thomas and Stewart testified; surveillance video captured the shooting; a clerk identified Hanes as the shooter.
- At arrest in 2010, a .45 caliber Taurus pistol was recovered but not the murder weapon.
- The State introduced a 2009 similar-transaction where a Taurus .9mm pistol was found during a traffic stop.
- Hanes stipulated he was a convicted felon at the time of the 2009 offense; the 2009 offense was argued to demonstrate course of conduct.
- Hanes challenged admissibility of the 2009 similar transaction, suppression of the arrest pistol, and ineffective assistance regarding felon-status evidence and notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of the 2009 similar transaction evidence | Hanes argues Williams three-prong test failed; improper notice. | Hanes contends trial court abused discretion; insufficient similarity and notice. | Admissible; Williams test satisfied and court did not abuse discretion. |
| Notice for using the 2009 similar transaction evidence | Original indictment notice sufficed; re-indictment did not require new hearing. | Need re-filed notice and hearing under new indictment. | No error; notice sufficient under circumstances. |
| Suppression of handgun recovered at Hanes's arrest | Arrest evidence linked to charged crimes; probative of intent and identity. | Evidence too remote/unrelated; improper to admit. | Not an abuse of discretion; evidence admissible as relevant to charges. |
| Ineffective assistance for not objecting about notice and felon-status instruction | Counsel should have objected to notice and requested limiting instruction. | Stipulation to felon status protected against prejudice; no harm shown. | No ineffective assistance; Strickland burden not met. |
Key Cases Cited
- Moore v. State, 290 Ga. 805 (Ga. 2012) (three-prong test for similar-transaction admissibility)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (three-prong Williams test for admissibility)
- Matthews v. State, 294 Ga. 50 (Ga. 2013) (discretion in admitting similar transaction evidence under Williams test)
- Holloman v. State, 291 Ga. 338 (Ga. 2012) (purpose of similar-transaction evidence to show course of conduct/bent of mind)
- Duprel v. State, 301 Ga. App. 469 (Ga. App. 2009) (similar-transaction relevance to predicate felony-murder charge)
- James v. State, 209 Ga. App. 182 (Ga. App. 1993) (sufficiency of notice under USCR 31.1)
- Ross v. State, 279 Ga. 365 (Ga. 2005) (advocates stipulation to protect defendant; limits on prejudicial impact)
- Reed v. State, 291 Ga. 10 (Ga. 2012) (abuseness review of evidentiary admission)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)