Hites v. State
296 Ga. 528
Ga.2015Background
- On August 22, 2010, John Thurston Hites stabbed Che Mitchem to death during an altercation at Mitchem’s home after a fight between two sisters; Mitchem died of multiple sharp-force injuries. Hites fled and later texted relatives admitting he had stabbed Mitchem.
- Hites was indicted for malice murder, felony murder (in commission of aggravated assault), and aggravated assault; convicted of felony murder and aggravated assault (merged for sentencing) and sentenced to life.
- At trial the State introduced a certified copy of Hites’s 1994 federal mail-fraud conviction for impeachment. The conviction was more than ten years old at trial.
- Hites sought to testify about statements allegedly made by the victim immediately before the stabbing (res gestae/excited utterance). The trial court sustained the State’s objection and excluded that testimony.
- Hites moved for a new trial claiming trial-counsel ineffectiveness for not subpoenaing phone records and not calling a sister to support a self-defense theory; the court denied relief and Hites appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hites) | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (aggravated assault) | Evidence (stabbing, knife found, texts admitting stabbing) proved guilt beyond reasonable doubt | Actions could be self-defense; verdict not supported | Affirmed: evidence sufficient under Jackson v. Virginia |
| Admission of >10-year-old prior federal conviction for impeachment without written notice/balancing on record | Admission proper; defense opened door on cross; any notice objection waived | Admission violated former OCGA §24-9-84.1(b) and court failed to articulate balancing | Waived: no timely objection and failure to object to court’s articulation; admission upheld |
| Exclusion of victim’s contemporaneous statements (res gestae/excited utterance) | Objection: Hites caused victim’s death so statements hearsay and cannot be contradicted; exclude | Statements were part of res gestae to show victim’s conduct and state of mind immediately before attack | Error to exclude, but harmless: Hites otherwise testified about victim’s rage and had ample evidence supporting self-defense theory |
| Ineffective assistance of counsel for not subpoenaing phone records / not calling sister | Counsel developed self-defense theory, cross-examined key witnesses, and made reasonable tactical choices | Counsel failed to obtain texts/subpoena witness; would have changed outcome | Denied: Hites failed Strickland showing of deficient performance and prejudice; tactical choices reasonable |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (victory on sufficiency review standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Young v. State, 290 Ga. 392 (waiver of notice objection to evidence)
- Hall v. State, 292 Ga. 701 (specific-ground objection required to preserve evidentiary error)
- Clay v. State, 290 Ga. 822 (requirements for admitting prior convictions over ten years old)
- Johnson v. State, 292 Ga. 785 (harmless-error review for res gestae/excited utterance rulings)
- Thomas v. State, 284 Ga. 540 (factors for res gestae/excited utterance admissibility)
- Rector v. State, 285 Ga. 714 (admission of close-in-time victim statements to explain conduct)
- Miller v. State, 296 Ga. 9 (trial strategy decisions and counsel performance)
- Walker v. State, 294 Ga. 752 (scope of cross-examination as tactical decision)
- Hoffler v. State, 292 Ga. 537 (cumulative-strategy ineffective-assistance claim rejected)