Hester v. State
292 Ga. 356
Ga.2013Background
- Appellant Solomon Hester was convicted of malice murder, two counts of cruelty to a child, and possession of a firearm during the commission of a felony in Brownell’s death.
- Appeal followed denial of his motion for new trial; issue raised was a Brady v. Maryland disclosure claim regarding toxicology results.
- Evidence showed Brownell likely shot herself; blood-alcohol concentration was 0.27, and blood spatter and trajectory contradicted self-inflicted gunshot theory.
- Prior to trial, IA test suggested possible marijuana metabolites; GC/MS test was conducted and later found negative but was not disclosed to defense.
- State disclosed GC/MS results only after trial; court held undisclosed evidence did not create a reasonable probability of different trial outcome.
- Judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a Bradyviolation due to undisclosed toxicology results? | Hester | State | No reversible error; no reasonable probability of different outcome. |
| Did undisclosed GC/MS results affect the defense theory of intoxication? | Hester | State | No reversible error; undisclosed results would not have made defense more credible. |
| Is the evidence sufficient to sustain the verdict? | Hester | State | Yes; rational jurors could find guilt beyond reasonable doubt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review; whether evidence supports conviction beyond reasonable doubt)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) ( Brady framework; material favorable evidence must affect outcome)
- Mize v. State, 269 Ga. 646 (Ga. 1992) (Brady standard in Georgia; procedural requirements)
- Burgeson v. State, 267 Ga. 102 (Ga. 1996) (Brady analysis and suppression of favorable evidence)
- Watkins v. State, 276 Ga. 578 (Ga. 2003) (no Brady violation where undisclosed evidence consistent with other evidence)
- Rogers v. State, 257 Ga. 590 (Ga. 1987) (Brady-type disclosure assessment in Georgia)
- Morris v. State, 284 Ga. 1 (Ga. 2008) (no Brady violation where undisclosed evidence not probable to change outcome)
- Ferguson v. State, 280 Ga. 893 (Ga. 2006) (speculation about expert testimony insufficient for reversible error)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (non-merger and related conviction handling on appeal)