Hutto v. State
320 Ga. App. 235
Ga. Ct. App.2013Background
- Hutto was indicted on murder, aggravated assault, and felony murder, but convicted of voluntary manslaughter after a jury trial.
- Evidence showed a long history of violence between Hutto and James Smith culminating in a bar altercation and a later fight at Pamela Crocker’s house.
- During the Crocker incident, Smith fought Hutto, who stabbed Smith with a pocketknife, resulting in Smith’s death.
- The court instructed mutual combat and later related the voluntary manslaughter charge to this mutual combat instruction.
- Hutto challenged the trial court’s charge, the exclusion of intoxication evidence, and claimed ineffective assistance of counsel; the State denied these.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for voluntary manslaughter | Hutto argues self-defense; no provocation shown. | Believes evidence inadequate for provocation/partial passion. | Evidence supported voluntary manslaughter; provocation justified. |
| Mutual combat instruction adequacy and effect | Charge unsupported unless both combatants armed. | Instruction proper given evidence of mutual fight and willingness. | Charge warranted; error not shown; aided Hutto. |
| Ineffective assistance for failure to object to mutual combat charge | Counsel failed to object to improper charge. | Charge was proper; failure not deficient performance. | No ineffective assistance; no prejudice shown. |
| Sua sponte exclusion of intoxication evidence and related ineffective assistance | Trial judge excluded Smith’s intoxication evidence; trial court ruling lacking. | No ruling or record of exclusion; objections futile; no ineffective assistance. | Issue not reviewable; no error established; no ineffective assistance. |
| Ineffective assistance for failing to object to voluntary manslaughter charge | Failure to object to the manslaughter charge was deficient. | Charge authorized by evidence and connected to mutual combat; not deficient. | No deficient performance; charge warranted. |
Key Cases Cited
- White v. State, 287 Ga. 713 (2010) (mutual combat analysis and weapon considerations cited)
- Williams v. State, 245 Ga. App. 670 (2000) (evidence of provocation sufficient for manslaughter)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- Crawford v. State, 314 Ga. App. 796 (2012) (standards for trial objections and trial strategy)
- Thomas v. State, 296 Ga. App. 231 (2009) (hostile encounters authorized the jury to infer passion)
- Scott v. State, 290 Ga. 883 (2012) (mutual combat-related instructions and evidence guidance)
- Mormon-Johnson v. Hathaway, 312 Ga. App. 300 (2011) (general appellate review standards and citation format)
- Hall v. State, 273 Ga. App. 203 (2005) (mutual combat analysis guidance)