Hickson v. State
308 Ga. App. 50
| Ga. Ct. App. | 2011Background
- Hickson fatally shot a man in the parking lot of an adult strip club in September 2004 after a verbal confrontation.
- In the first trial, Hickson was acquitted of malice murder and the lesser offense of voluntary manslaughter; other charges ended in a mistrial.
- At the second trial, Hickson was convicted of voluntary manslaughter as a lesser included offense of felony murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon.
- The State presented similar-transaction evidence showing prior handgun incidents during verbal altercations to prove Hickson’s bent of mind and course of conduct.
- A certified felony conviction listing the alias John O’Neal Jones was admitted; Hickson had admitted using that alias at arrest.
- The court charged self-defense and voluntary manslaughter as a lesser included offense at Hickson’s request; the sentencing consisted of multiple counts including mergers.
- The written sentencing document contained scrivener’s errors and did not conform to the oral sentencing pronounced at the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar transaction evidence | Hickson | Hickson | Admissible; court did not abuse discretion. |
| Admissibility of certified felony conviction with alias | Hickson | Hickson | Meritless; conviction properly admitted; no directed verdict required. |
| Second-trial voluntary manslaughter instruction after acquittal in first trial | Hickson | Hickson | Not reversible error; Hickson requested the instruction. |
| Ineffectiveness of counsel for requesting voluntary manslaughter instruction | Hickson | Hickson | No deficient performance; decision was strategic. |
| Sentence versus verdict; scrivener's errors in written sentence | Hickson | Hickson | Remand for correction of written sentence; oral pronouncement consistent with verdict. |
Key Cases Cited
- Martinez v. State, 303 Ga.App. 166 (Ga. App. 2010) (view evidence in light most favorable to verdict)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (three-prong test for similar transaction evidence)
- Davis v. State, 244 Ga.App. 708 (Ga. App. 2000) (similar transaction admissibility requires similarity focus)
- Hayles v. State, 287 Ga.App. 601 (Ga. App. 2007) (prior threats with handgun admissible to show bent of mind)
- Willis v. State, 214 Ga.App. 479 (Ga. App. 1994) (prior gun-use during dispute admissible for propensity)
- Chaney v. State, 281 Ga.481 (Ga. 2007) (scrivener’s errors and sentencing alignment on remand)
- Manley v. State, 287 Ga.App. 358 (Ga. App. 2007) (appellate review of sentencing and procedural issues)
- Harris v. State, 166 Ga.App. 202 (Ga. App. 1983) (general evidentiary and procedural guidance cited)
- Johnson v. State, 283 Ga.App. 524 (Ga. App. 2007) (trial strategy and decisions about requested charges are not reversible errors)