Hill v. State, 290 Ga. 493

Hill was indicted for malice murder (acquitted), felony murder during aggravated assault, possession of a firearm by a convicted felon, and an underlying weapons offense; he was convicted on the remaining counts and sentenced to life plus five years, with a separate sentence for the firearm charge later vacated.
The murder occurred February 5, 1993; Hill, a felon, drove with his infant son and Flora Shepherd; the victim pursued Hill, Hill displayed increasing agitation, and the unarmed victim approached but showed no threat before being shot.
The victim died from a gunshot wound after crashing; Hill left the scene, expressed hatred for shooting the victim, and later fled to Texas under an assumed name.
Identity at trial relied on evidence that Hill admitted shooting the victim to an arresting officer, despite Hill absenting himself from much of the trial; witnesses identified the victim’s shooter as Benjamin Hill.
Defense argued lack of direct identification, but the court held sufficient identification and sufficient evidence to support felony murder beyond a reasonable doubt.
During trial, issues included voluntary absence waivers, Miranda rights and statements, jury instructions on self-defense, and the propriety of not allowing a stipulation to Hill’s prior felon status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of identity and evidence for felony murder	Hill was not properly identified; no trial-identifiable person linked to indictment.	Absences at trial impeded identification; no direct identification.	Evidence identified Hill; sufficient to convict felony murder.
Waiver of right to be present at trial	Failure of defense to ensure presence violated rights.	Hill voluntarily absent; counsel’s actions acceptable; waiver valid.	Absent Hill’s absence was voluntary; right to be present waived.
Officer comment on right to silence during redirect	Testimony implied invocation of silence should be excluded.	waiver and Miranda handling permitted; door opened by defense.	No reversible error; officer's testimony permissible or opened by defense.
Failure to give habitation defense jury instruction	Trial counsel should have requested habitation instruction.	No basis to require habitation instruction; not ineffective assistance.	Instruction not required; no reversible error; no prejudice shown.

Smith v. State, 184 Ga. App. 739 (Ga. App. 1987) (absent defendant prevents direct identification; identification principles)
State v. Rocha-Rocha, 935 P.2d 870 (Ariz. App. 1996) (cannot rigidly require identity standards to reverse trial result)
Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard for criminal conviction)
Crosby v. State, 784 A.2d 1102 (Md. 2001) (right to remain silent; form of statement not determinative)
Bethea v. State, 251 Ga. 328 (Ga. 1983) (comment on right to remain silent and admissibility in context of Miranda)
Stewart v. State, 262 Ga. App. 426 (Ga. App. 2003) (self-defense jury instruction sufficiency considering charge as a whole)