302 Ga. 750
Ga.2017Background
- Lisa Ann Lebis and her husband Tremaine were staying in a small motel room for eight days to avoid his arrest; motel staff summoned police after Lebis acted unruly.
- Officers Brown and Callahan went to the room; during an attempted arrest Tremaine fled, drew a modified .357 Glock from a fanny pack, and fatally shot Officer Callahan; Officer Brown returned fire and killed Tremaine.
- Numerous firearms, ammunition, and improvised weaponry were found in the couple’s room in plain view and in intermixed belongings; Lebis admitted Tremaine carried a gun in his fanny pack and that she knew where he bought weapons but denied knowledge of all items.
- A jury convicted Lebis of felony murder (predicated on being a party to Tremaine’s possession of a firearm as a convicted felon), multiple possession counts, four misdemeanor obstruction counts, felony obstruction, and other offenses; she appealed.
- The Georgia Supreme Court affirmed convictions for possession counts and felony murder, affirmed two obstruction convictions (failure to show hands during lifesaving and refusal to obey Officer Frazier), reversed two obstruction convictions (yelling during the attempted arrest), and rejected ineffective-assistance claims; case remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession counts (dangerous weapons and firearms by a convicted felon) | Lebis argued evidence showed only proximity; insufficient to prove constructive or joint possession. | State argued circumstantial evidence (intermixed belongings, plain view of weapons, shared control of room, admissions) supported constructive/joint possession. | Affirmed: jury reasonably found Lebis constructively/jointly possessed weapons. |
| Sufficiency of evidence for felony murder (party to Tremaine’s possession) | Lebis argued she did not possess the murder weapon at the time of shooting and thus cannot be liable for felony murder predicated on possession. | State argued Lebis was a party to the underlying felony (possession by a convicted felon) so liable for consequences of co-party’s act. | Affirmed: as a party/co-conspirator, Lebis is accountable for Tremaine’s possession that proximately caused the death. |
| Obstruction convictions re: interfering with arrest (Counts V & VI) | Lebis contended her loud protests while officers handcuffed Tremaine did not intentionally hinder the arrest. | State relied on officer testimony that her yelling was disruptive. | Reversed: mere yelling without evidence of intentional hindrance insufficient for obstruction. |
| Obstruction convictions re: hindering lifesaving and disobeying Officer Frazier (Counts VII & VIII) | Lebis argued evidence was insufficient that she hindered lifesaving or willfully disobeyed commands. | State pointed to Lebis’s refusal to show hands during CPR duties and her advancing/ignoring orders to Officer Frazier. | Affirmed: evidence supported obstruction for (a) failing to show hands while Brown performed lifesaving and (b) refusing Frazier’s commands and advancing. |
| Ineffective assistance of counsel claims | Lebis argued counsel erred by not transcribing opening/closing and not presenting an expert that her distraction did not contribute to death. | State argued no prejudice: transcript claim not shown harmful; expert unnecessary because causation of death was not an element of obstruction. | Denied: no Strickland prejudice shown; claims fail. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (jury sufficiency standard) (standard for reviewing sufficiency of the evidence)
- In the Interest of D. H., 285 Ga. 51 (constructive vs. actual possession principles)
- State v. Lewis, 249 Ga. 565 (constructive possession requires power and intent to control)
- Holiman v. State, 313 Ga. App. 76 (circumstantial evidence may establish constructive possession)
- Robbins v. State, 269 Ga. 500 (deference to jury on reasonableness of hypotheses under circumstantial-evidence rule)