Harvey v. State
300 Ga. 598
Ga.2017Background
- Victim Alena Marble lived with appellant Kajul Harvey and others; Grovner entered via back door unlocked by Harvey; Grovner killed Marble during a violent assault while Harvey remained in bed; Marble’s body found in trunk of Marble’s car; Harvey and Grovner attempted to access Marble’s bank funds shortly after via ATM visits; statements to cellmate/others indicated Harvey minimized or concealed the crime; Grovner was separately convicted of voluntary manslaughter and Harvey was tried and convicted of malice murder and related offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Harvey as a party to the crimes | Harvey asserts insufficient evidence to prove party status | State contends Harvey aided or participated in plan to murder and steal | Sufficient evidence to find Harvey a party to the crimes |
| Burglary conviction viability given Harvey lived with victim | Harvey was authorized resident; entry was authorized | Harvey facilitated entry despite victim’s warnings; no authorization | Burglary affirmed; entry found without authority for purpose of crime |
| Hindering the apprehension conviction vs guilt of malice murder | Convictions for malice murder and hindering should stand | Cannot be convicted of both offenses | Hindering conviction vacated; merger/overlapping criminal acts |
| Admissibility of Hill testimony and other hearsay/conspiracy statements | Hearsay statements admissible against conspirator; relevant to case | Alleged hearsay violated rules against post-conspiracy statements | Hill testimony properly admitted as party opponent; other hearsay rulings affirmed as non-prejudicial |
| Ineffective assistance of counsel claims | Counsel failed to object, recuse, or pursue lesser included offense | Counsel’s conduct reasonable; no prejudice shown | No ineffective assistance established; claims fail |
Key Cases Cited
- Powell v. State, 291 Ga. 743, 733 S.E.2d 294 (Ga. 2012) (evidence of participation may be inferred from presence and conduct)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficient evidence review standard for reasonable doubt)
- Escutia v. State, 277 Ga. 400, 402 (2) 589 S.E.2d 66 (Ga. 2003) (sufficiency of evidence; party-to-crime concepts)
- Glisson v. State, 165 Ga. App. 342, 301 S.E.2d 62 (Ga. App. 1983) (jury question for lack of authority to enter)
- White v. State, 257 Ga. 236, 356 S.E.2d 875 (Ga. 1987) (admissibility of co-defendant’s conviction; White limitation)
- Davis v. State, 296 Ga. 126, 765 S.E.2d 336 (Ga. 2014) (co-defendant evidence and admissibility)
- Worthem v. State, 270 Ga. 469, 509 S.E.2d 922 (Ga. 1999) (plain error standard and voluntary manslaughter considerations)
- Shaw v. State, 292 Ga. 871, 742 S.E.2d 707 (Ga. 2013) (plain error analysis in absence of objection)
- Hall v. State, 241 Ga. 252, 244 S.E.2d 833 (Ga. 1978) (disproportionality/limitations post-Hamm)