Harvey v. State
292 Ga. 792
| Ga. | 2013Background
- Harvey was convicted of malice murder, rape, aggravated sodomy, and aggravated assault for Valerie Payton's October 19, 1994 strangulation death; he challenged the denial of his motion for a new trial.
- Payton's nude body was found in an area Harvey frequented, with over 50 post-mortem incision wounds and a handwritten note: “I’M BACK ATLANTA, MR. X.”
- Initial 1994 DNA testing yielded no match, but preserved swabs were re-tested in 2004 with STRS DNA; a distinct male profile identified and later matched Harvey.
- Handwriting analysis indicated the note may have been written by Harvey; three similar-transaction witnesses testified Harvey manually choked, raped, and sodomized them within two years of the charged crimes.
- Harvey argued the evidence was insufficient and that similar-transaction witnesses were improperly admitted; the trial court denied the new-trial motion and the court affirmed.
- The court held the evidence sufficient under Jackson v. Virginia and affirmed the judgment, noting credibility and evidentiary issues are for the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to support the convictions? | Harvey contends the proof failed to exclude reasonable hypotheses and prove guilt beyond reasonable doubt. | State asserts the evidence was sufficient for a rational jury to convict. | Evidence sufficient; rational trier of fact could find guilt beyond reasonable doubt. |
| Were the similar-transaction witnesses admissible for course-of-conduct purposes? | Harvey argues the State overstepped by admitting similar acts to prove character. | State maintains proper purpose to show course of conduct and similarity to charged crimes. | Admissible under Williams; proper purpose and sufficient similarity established. |
| Did the trial court err in light of the 2013 changes to OCGA § 24-4-404(b) regarding other crimes evidence? | Harvey urged stricter restrictions on similar-transaction evidence based on new code. | State relies on pre-2013 admissibility for course-of-conduct; notes legislative change is acknowledged but not retroactive to affect trial. | Court acknowledged the 2013 code but upheld admissibility consistent with prior law at the time of trial. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence review)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (test for admissibility of similar transactions under course-of-conduct theory)
- Holloman v. State, 291 Ga. 338 (Ga. 2012) (rejected argument that similar transaction evidence is inadmissible due to propensity)
- Faniel v. State, 291 Ga. 559 (Ga. 2012) (case addressing evidentiary credibility and jury resolution of conflicts)
- Dean v. State, 273 Ga. 806 (Ga. 2001) (resolving evidentiary conflicts and witness credibility are jury functions)
- Thomas v. State, 290 Ga. 653 (Ga. 2012) (affirming admissibility of similar transaction evidence under Williams rule)
- Rose v. State, 275 Ga. 214 (Ga. 2002) (addressing Williams framework for similar transactions)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (precedent on consolidation and merger of convictions)