Hinkson v. State, 310 Ga. 388

Background

In Jan 2012 eight‑month‑old Alexander Cabanayan was severely injured while alone with his father, Shane Hinkson; medical evidence showed abusive head trauma and homicide resulted.
Jennifer Cabanayan found Alexander distressed and took him to the hospital; Hinkson called her urging her to come "right away," was later found holding a gun, and gave a recorded statement admitting he had "lost it," repeatedly picked the child up and put him down, and was holding a gun when Jennifer arrived.
Police recovered a handgun in Hinkson’s apartment; Alexander died after emergency brain surgery.
A grand jury indicted Hinkson on multiple counts including malice murder, felony murder (aggravated assault predicate), aggravated assault, and cruelty to children; he was convicted of involuntary manslaughter (lesser included of malice murder) and felony murder based on aggravated assault and sentenced to life with parole eligibility.
Hinkson appealed, raising challenges to the verdicts (alleged repugnancy and sufficiency), to the indictment (special/general demurrer), to admission of his custodial statement (probable cause and Miranda waiver), and to admission of evidence of the gun (Fourth Amendment/search).

Issues

Issue	Hinkson's Argument	State's Argument	Held
Verdicts & sufficiency / Turner challenge	Jury returned inconsistent verdicts (involuntary manslaughter + aggravated assault); Turner requires vacatur/remand for repugnant verdicts	Turner inapplicable; evidence sufficient for felony murder; Springer permits multiple guilty verdicts based on different mens rea	Affirmed: sufficiency OK; Turner does not apply; Springer controls — not mutually exclusive
Special demurrer to indictment (aggravated assault/felony murder)	Count failed to specify manner of simple assault or how hands caused abusive head injury; lacked attendant facts showing assault inherently dangerous	Indictment alleged aggravating element (hands caused abusive head injury); need not detail manner; defendant had adequate notice; objection to attendant circumstances waived	Denied: indictment sufficient as to aggravated assault; attendant‑circumstances objection waived/moot
General demurrer to indictment (substance)	Indictment insufficient to prove element that object was "likely to result" in serious bodily injury or show life‑threatening predicate	Indictment alleged actual resulting serious bodily injury (aggravating element); general‑demurrer argument not timely/preserved	Denied/not reviewed on merits: preservation and timeliness defects; substantive argument fails where aggravating element alleged
Motion to suppress custodial statement and gun evidence	Statement was fruit of unlawful arrest (no probable cause) and Miranda waiver invalid; apartment search violated Fourth Amendment so gun evidence inadmissible	Probable cause supported arrest; Miranda warnings given and waiver (implied) valid despite officer comment; gun testimony cumulative and any error harmless beyond reasonable doubt	Denied: probable cause existed; Miranda waiver knowing/intelligent; admission of gun testimony (not the gun) harmless beyond reasonable doubt

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
Turner v. State, 283 Ga. 17 (repugnant‑verdict analysis)
State v. Springer, 297 Ga. 376 (multiple guilty verdicts based on different mens rea not mutually exclusive)
State v. Wyatt, 295 Ga. 257 (aggravated‑assault indictment need not specify the manner of the lesser included simple assault)
Eberhart v. State, 307 Ga. 254 (predicate felony for felony murder must be inherently dangerous or life‑threatening)
Miranda v. Arizona, 384 U.S. 436 (Miranda warnings requirement)
Berghuis v. Thompkins, 560 U.S. 370 (an uncoerced statement after Miranda warnings can establish an implied waiver)
White v. State, 307 Ga. 601 (probable cause for arrest supported by admissions/behavior)
Ensslin v. State, 308 Ga. 462 (harmless‑beyond‑reasonable‑doubt standard for constitutional errors)