Hood v. State
309 Ga. 493
Ga.2020Background
- On July 29, 2013 Steven Carden was shot and killed and Thomas Smith was beaten and robbed after meeting with Diara Hood; Hood was alleged to have lured the victims as "bait" for co-defendants Jovian Lanus and Tyler Estrada.
- Phone records showed extensive communications between Hood and Carden before the shooting and a call from Hood to Lanus immediately after Carden’s last call; both victims’ phones and Carden’s wallet were taken.
- A .40-caliber Hornady shell casing from the crime scene matched casings later recovered from a Glock linked to Lanus’s address; Hood had posted a photo of a similar Glock on Facebook; Hood made incriminating statements in a custodial video but later testified differently at trial.
- The State introduced November 2013 DeKalb County other-acts evidence (a similar ambush/robbery involving Hood and Estrada) to prove intent/knowledge/plan; Hood argued it was improper propensity evidence.
- A jury convicted Hood of felony murder (two counts predicated on armed robbery and aggravated assault), armed robbery, and aggravated assault and sentenced her to life without parole plus concurrent terms; Hood appealed, challenging admission of other-acts evidence and the jury charge; the court also sua sponte found sentencing merger errors and corrected them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | State: phone logs, shell casing/Glock link, Facebook photo, custodial admissions, and witness testimony established Hood was a party to the crimes | Hood: denied sharing common criminal intent; offered alternative account blaming Lanus and Estrada | Court: reviewed sua sponte and held the evidence was sufficient to support convictions (Jackson standard) |
| Admission of other-acts evidence (OCGA § 24-4-404(b)) | State: evidence admissible to prove intent, motive, lack of mistake/accident, plan, and knowledge; high prosecutorial need given Hood’s defense | Hood: evidence was only propensity evidence and unduly prejudicial under Rule 403 | Court: no abuse of discretion; other-acts highly probative (similarity, timing, common actors, prosecutorial need) and not substantially outweighed by prejudice |
| Jury instruction that State must prove motive (plain-error review) | State: motive not required element; trial court nonetheless instructed jury that State must show motive along with intent/knowledge | Hood: instruction was erroneous and increased State’s burden; raised on appeal for plain error | Court: instruction was error but not shown to be plain error affecting outcome; claim fails |
| Sentencing merger errors (sua sponte) | N/A (State did not contest) | Hood: did not raise on appeal | Court: vacated two 20-year sentences for aggravated assault (Counts 5 and 8) because aggravated assault merged into armed robbery for each victim; remainder of judgment affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Powell v. State, 307 Ga. 96 (conviction as a party requires shared criminal intent inferred from presence and conduct)
- Vega v. State, 285 Ga. 32 (jury resolves credibility conflicts)
- Naples v. State, 308 Ga. 43 (Rule 404(b) intent analysis)
- Kirby v. State, 304 Ga. 472 (three-part test for admissibility of other-acts evidence)
- Taylor v. State, 306 Ga. 277 (application of 404(b) test regardless of timing)
- Jernigan, 341 F.3d 1273 (11th Cir.) (federal discussion on extrinsic acts admissibility)
- Olds v. State, 299 Ga. 65 (intent crucial where defendant is a party, not the shooter)
- Allen v. State, 290 Ga. 743 (harmlessness/plain-error considerations for jury instructions)
- McKinney v. State, 307 Ga. 129 (Rule 403 undue-prejudice standard)
- Chambers v. Hall, 305 Ga. 363 (aggravated assault with a deadly weapon merges into armed robbery when same act/transaction)
- Long v. State, 287 Ga. 886 (merger principles for aggravated assault and armed robbery)