Hill v. State
291 Ga. 160
| Ga. | 2012Background
- Hill was convicted by jury of felony murder during aggravated assault, with underlying marijuana possession and weapons offenses; aggravated assault merged into felony murder and sentences issued accordingly.
- Evidence shows Hill attacked the victim, pulled a gun, and shot him four times; victim died from gunshot wounds; gun found near two bags of marijuana; knife found near victim.
- Hill testified self-defense claiming the victim attacked with a knife; others testified Hill pulled the gun, and none saw the victim with a knife.
- A sworn jury oath under OCGA § 15-12-139 was challenged; trial court conducted a hearing and found oath administered; defense objected but record lacked explicit oath evidence.
- Before trial, the State failed to call Willington Poole but later defense sought Poole’s prior testimony; State attempted to locate Poole; defense sought to admit transcript under the rule of necessity.
- Hill claimed ineffective assistance of counsel for failing to secure Poole’s attendance; the court held Poole’s pretrial testimony would not have changed outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Hill was guilty beyond a reasonable doubt. | Evidence insufficient for the verdicts. | Sufficient evidence supported convictions. |
| Oath administration to jury | Oath may have been administered; record silent on oath. | Record shows no oath; reversal required unless corrected. | Trial court findings supported oath; no reversible error. |
| Admissibility of former testimony (Poole) | Former testimony necessary due to witness unavailability. | Due diligence not shown; admission improper. | Trial court did not abuse discretion; no reversible error. |
| Ineffective assistance for failure to secure Poole | Counsel's diligence deficient; prejudice implied. | Poole’s testimony would have been unfavorable or non-prejudicial. | No prejudice; ineffective-assistance claim rejected. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Adams v. State, 286 Ga. 496 (Ga. 2010) (mandatory jury oath; reversible error if wholly absent)
- Smith v. State, 235 Ga. 852 (Ga. 1976) (presumption jury was sworn absent affirmative showing)
- Keller v. State, 261 Ga. App. 769 (Ga. App. 2003) (procedural requirement for correcting record on oath)
- Thomas v. State, 290 Ga. 653 (Ga. 2012) (unavailability of witness under OCGA § 24-3-10; trial court’s discretion)
- Jones v. State, 250 Ga. 166 (Ga. 1982) (due diligence requirements for admission of former testimony)
- McNeil v. State, 284 Ga. 586 (Ga. 2008) (sufficiency review; standard of review)
- Benton v. State, 286 Ga. App. 736 (Ga. App. 2007) (record swearing and procedures for oath)