Hoehn v. State
293 Ga. 127
| Ga. | 2013Background
- Hoehn, intoxicated, stayed with the Congletons for about 13 years and argued with them the night of August 7, 2009, culminating in a fatal gunshot wound to Congleton.
- A .38 revolver was found in Hoehn’s room; a gunshot hole appeared in Hoehn’s bedroom door and forensic evidence suggested the gun was fired at a downward angle toward Congleton.
- Hoehn admitted ownership of the gun, testified he did not clearly remember firing the shot, and claimed he did not intend to kill Congleton.
- Hoehn was indicted for malice murder, felony murder based on aggravated assault, and possession of a firearm during a crime; he was convicted on all counts except the felony murder conviction later vacated as a matter of law.
- A juror asked a witness a question about the weapon during testimony, prompting an objection that the trial court should have sustained, which the court overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror question to witness admissibility | Hoehn | Hoehn | Harmless error; evidence overwhelmed, but error reversible only if not harmless |
| Defect in felony murder indictment | Hoehn | Hoehn | Meritless; indictment valid; moot since felony murder vacated by law |
| Sufficiency of evidence to support convictions | Hoehn | Hoehn | Evidence sufficient to support trial convictions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility resolves conflicts; standard for review)
- Lindsey v. State, 282 Ga. 447 (Ga. 2007) (harmless error test for nonconstitutional errors)
- Matchett v. State, 257 Ga. 785 (Ga. 1988) (juror questions to witnesses generally not permitted; harmless if identified issue undisputed)
- Allen v. State, 286 Ga. 392 (Ga. 2010) (limits on juror direct questioning of witnesses; court may determine propriety)
- Stinson v. State, 279 Ga. 177 (Ga. 2005) (relevance of underlying elements in verdicts and charges)
- Young v. State, 290 Ga. 392 (Ga. 2012) (mootness of issues where related conviction controls outcome)
- Nicely v. State, 291 Ga. 788 (Ga. 2012) (harmless error analysis where aggravated assault weapon specifics were not central)
- Lewis v. State, 283 Ga. 191 (Ga. 2008) (upholding felony murder principles and indictment standards)