Jennings v. State
288 Ga. 120
| Ga. | 2010Background
- Jennings was convicted of malice murder and concealing the death of another person in Craven's shooting death after a jury trial.
- Craven disappeared on February 12, 2003; his badly decomposed body was found in Jennings' apartment storage closet on April 22, 2003.
- Craven and Jennings, a felon, had exchanged phone calls around February 12, 2003; Craven went to Jennings' apartment to record music, never returning home.
- Nixon testified Jennings moved out abruptly around mid-February 2003 and was heard with another person and a loud thump the night Craven vanished.
- Jennings was later arrested in March 2005 in DeKalb County under the name Donald Sunders; he possessed fraudulent identification.
- Evidence included Jennings pawning Craven-owned music equipment and Nixon's statements that police sought Jennings; the evidence supported a rational jury verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May jury instruction on parties to a crime be given | Jennings: indictment failed to charge party liability. | State may charge parties to a crime even if not explicit in indictment. | Instruction proper; no error. |
| Admission of victim's mother's statements under necessity | Admission of statements wrongly prejudicial. | Necessity hearsay exception applies. | Admissible under necessity exception; no abuse of discretion. |
| Opening statement about gun evidence | Opening statement misrepresented witness testimony. | Open in good faith; not reversible error with limiting instruction. | No reversible error; good faith and instruction saved it. |
| Effectiveness of trial counsel | Counsel failed to object and investigate; ineffective assistance. | Counsel's decisions were reasonable strategic or inadequately proven. | No ineffective assistance demonstrated; strategy and investigation reasonable. |
| Waiver of objections to bad character evidence | Error in admitting bad character testimony not objected to. | Waiver due to failure to object; review barred. | Review waived; no reversal on this ground. |
Key Cases Cited
- Metz v. State, 284 Ga. 614 (2008) (indictment need not specify party to crime)
- Parks v. State, 275 Ga. 320 (2002) (necessity hearsay exception elements)
- Hartry v. State, 270 Ga. 596 (1999) (opening statements not evidence)
- Dickens v. State, 280 Ga. 320 (2006) (trial strategy and remedies under Strickland)
- McKenzie v. State, 284 Ga. 342 (2008) (trial counsel effectiveness; strategic decisions given deference)
- Spencer v. State, 275 Ga. 192 (2002) (investigation reasonable; lack of additional suspects)
- Robinson v. State, 277 Ga. 75 (2003) (standard of appellate review for factual findings)
- Wesley v. State, 286 Ga. 355 (2010) (appellate review of ineffective assistance, waiver principles)
- Crouch v. State, 279 Ga. 879 (2005) (pro se representation and right to counsel on appeal limitations)
- Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency of evidence standard)