Hughley v. the State
330 Ga. App. 786
Ga. Ct. App.2015Background
- Defendant Kleo Hughley was tried for malice murder (convicted of lesser included voluntary manslaughter), aggravated assault with a deadly weapon, and possession of a firearm/weapon during the commission of a crime; some counts were merged or resulted in acquittal on greater charges.
- Facts: Hughley, driving with three passengers and using drugs, encountered the victim at a gas station after refusing to give marijuana; an earlier hostile encounter occurred that day.
- Later at an apartment complex, the victim approached Hughley’s parked car, tried the passenger door, knocked and called to the vehicle; witnesses described the victim as intoxicated and “smiling.”
- Hughley exited the car, pointed a gun, and shot the victim as the victim backed toward the rear of the car; no gun was found on or near the victim and multiple witnesses said they did not see a firearm on him.
- Hughley claimed self-defense/justification, testifying the victim pulled a gun and another person was pulling a bandana over his face; the jury rejected justification and convicted of voluntary manslaughter and the weapon-possession counts.
- Post-trial, Hughley raised sufficiency of evidence (failure to disprove justification), jury charge error, improper possession conviction given lesser homicide verdict, and ineffective assistance of counsel; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Hughley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency re: justification/self-defense | State failed to disprove Hughley’s claim that victim pulled a gun; conviction should be reversed | Evidence showed victim was unarmed, intoxicated, and Hughley pursued/confronted him —jury could reject justification | Affirmed: viewing evidence for prosecution, reasonable jury could find no reasonable belief deadly force necessary; voluntary manslaughter supported |
| Jury instruction on justification scope | Charge failed to inform jury that justification applied to all counts, not just homicide | Charge was general and repeatedly defined justification and felony; reasonable juror would apply it to all offenses | No plain error: instruction read as applying to all offenses; defendant failed to show clear/obvious error or prejudice |
| Possession-of-firearm conviction given lesser homicide verdict | Indictment alleged possession during murder; conviction of lesser included manslaughter invalidates possession conviction | Trial court twice instructed that possession can be during commission/attempt of any felony "any crime against or involving the person of another," which includes voluntary manslaughter | Affirmed: charge as a whole allowed jury to base possession on any felony against a person, including voluntary manslaughter |
| Ineffective assistance of counsel | Counsel failed to object to victim-girlfriend’s character testimony, failed to impeach two witnesses with prior inconsistent recorded statements, and failed to request justification charge for lesser offense | Counsel made strategic choices (relied on girlfriend’s testimony to show victim was armed; videotape ambiguous; jury was charged on prior inconsistent statements); no prejudice shown | Affirmed: counsel’s tactics were reasonable or unsupported by record; Strickland prongs not met |
Key Cases Cited
- Robinson v. State, 326 Ga. App. 59 (discussion that victim unarmed supports rejection of justification)
- Thomas v. State, 296 Ga. App. 231 (evidence of prior hostile encounter supports conclusion shooting was from passion/anger, not necessity)
- Windham v. State, 278 Ga. App. 663 (pursuit of unarmed victim supports voluntary manslaughter conviction despite defendant’s claim victim had a gun)
- Prather v. State, 259 Ga. App. 441 (failure to connect lesser-included felony to possession charge can require reversal when jury instructed only on specific felony)
- Shaw v. State, 292 Ga. 871 (standard on assessing objective reasonableness of counsel performance)
- Strickland v. Washington, 466 U.S. 668 (two-part ineffective-assistance test)
- Ross v. State, 278 Ga. 429 (general jury instructions can be construed to apply to multiple counts)
- Kilpatrick v. State, 276 Ga. 151 (strategic decisions not to object do not establish ineffective assistance)