Howe v. State
322 Ga. App. 294
Ga. Ct. App.2013Background
- Howe was convicted after a bench trial of family violence simple battery and reckless conduct arising from a domestic dispute with his wife in a minivan on October 30, 2010.
- The couple argued verbally while driving to a church function; the wife testified Howe threw a cell phone at her and struck her in the face.
- The wife testified Howe pulled the van into a gas station, bit her back, and threatened to throw the baby out of the moving vehicle while she drove toward the church.
- Howe removed the baby seat from the base and held his infant out of the moving van; the baby was later hospitalized for a bite wound to the back.
- Howe testified he acted in self-defense and that he bit the wife in retaliation for her actions; the trial court weighed credibility as the factfinder.
- The court held the evidence sufficient to support a rational finding of guilt for family violence simple battery and, separately, reckless conduct; the reckless conduct argument was also deemed supported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for family violence simple battery | Howe contends self-defense eliminates liability. | State failed to disprove self-defense beyond a reasonable doubt. | Evidence supported guilt beyond reasonable doubt. |
| Whether evidence supports self-defense for the battery | Howe acted in self-defense against provocation. | Proportion and timing of force negate self-defense. | Trial court could reject self-defense; credibility favored wife. |
| Sufficiency of evidence for reckless conduct | Evidence shows failure to exercise reasonable care. | Howe held the baby out of a moving vehicle; liability for recklessness survives. | Evidence sufficient to sustain reckless conduct conviction. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence; rational juror may find guilt)
- Hill v. State, 310 Ga. App. 695 (Ga. App. 2011) (self-defense determination treated as jury question; proportionality/necessity limits)
- In the Interest of T. T., 236 Ga. App. 46 (Ga. App. 1999) (self-defense limits; juvenile context cited for reasonableness standards)
- Waits v. State, 282 Ga. 1 (Ga. 2007) (standard for appellate consideration of evidence)
- Gartrell v. State, 291 Ga. App. 21 (Ga. App. 2008) (recklessness considerations; duty to act reasonably)