Hernandez v. State
299 Ga. 796
Ga.2016Background
- On Oct. 31, 2010, Fernando Hernandez shot Edgar Rodriguez-Gonzalez three times in the victim's bedroom; the victim later died. Hernandez initially told people at the scene and police in English, "I did."
- Earlier (Labor Day) the victim had accidentally shot Hernandez's brother with a shotgun; tensions arose after the victim refused to pay medical bills.
- At trial Hernandez claimed self-defense, testifying he wrestled and disarmed the victim before shooting; other witnesses saw no struggle and found no weapon on the victim.
- Hernandez was indicted for malice murder, felony murder, aggravated assault, and a firearm offense; convicted of malice murder and the firearm offense, sentenced to life plus a consecutive five-year term.
- At trial the court allowed jurors to submit written questions for witnesses (the court asked over 70 jury-sourced questions). The court admitted a volunteered custodial statement made after Hernandez invoked his right to counsel but suppressed later answers to police interrogation. Hernandez also raised ineffective-assistance claims.
Issues
| Issue | Hernandez's Argument | State's Argument | Held |
|---|---|---|---|
| Whether court erred by soliciting/asking juror-submitted questions (and by number asked) | Procedure and volume impermissibly influenced jury or prejudiced defendant | Court followed approved procedure; objections were largely not preserved and no identified improper questions | No error; procedure permissible and no abuse of discretion; preserved objection limited to specific questions only |
| Admissibility of custodial statement made after Hernandez invoked right to counsel | Statement was elicited after invocation; should be suppressed | Statement was volunteered after invocation; police may not interrogate but can listen to volunteered statements | Admitted: volunteered, unsolicited statement properly admitted; later interrogative statements suppressed |
| Ineffective assistance for failing to object to court soliciting juror questions | Counsel deficient for not objecting to court’s procedure | No trial-court error existed; objecting would be meritless | No ineffective assistance—no deficient performance as objections would be meritless |
| Ineffective assistance for failing to object to prosecutor's closing (alleged comment on silence/self‑defense) | Prosecutor improperly commented on Hernandez’s silence; counsel should have objected | Prosecutor permissibly noted inconsistencies/omissions between pretrial statements and trial testimony; objection would be meritless; evidence strongly undermined self-defense | No ineffective assistance; prosecutor’s remarks were permissible and outcome would not likely have been different |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Allen v. State, 286 Ga. 392 (trial court may receive written juror questions and ask those proper)
- Matchett v. State, 257 Ga. 785 (procedure for juror questions and jury instruction on submitting questions)
- State v. Brown, 287 Ga. 473 (police may listen to volunteered statements after an invocation of counsel; interrogation must cease)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑part test)
- Mallory v. State, 261 Ga. 625 (Georgia evidentiary rule on commenting on defendant silence; referenced but its continued validity reserved)