Morrison v. State
303 Ga. 120
Ga.2018Background
- In May 2009 Tammie West Smith was found dead with severe blunt-force and other injuries; medical examiner ruled death by crushing injuries to thorax/pelvis and composite chest/back trauma, not consistent with being struck by a vehicle.
- Witnesses saw Morrison and the victim together the evening before her body was found; one neighbor observed Morrison threaten to beat her, another saw him leave his house late carrying a bucket and pouring liquid outside.
- Blood matching the victim was found in Morrison’s home (carpet, sheet) and on jeans recovered from a dumpster; a vaginal swab contained Morrison’s DNA; masking tape and signs of cleaning were observed in the home.
- Morrison made statements minimizing the victim’s injuries and suggesting she was violent and intoxicated; he consented to a search of his home.
- Indicted May 28, 2010, tried July 25–28, 2011, convicted of malice murder and sentenced to life; post-trial relief and appeal followed, with denial of new trial and affirmance by the Georgia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Morrison: conviction rests on hearsay and is insufficient | State: conviction rests on physical evidence, eyewitnesses, and circumstantial proof tying Morrison to victim and scene | Evidence sufficient under Jackson v. Virginia; conviction upheld |
| Prosecutorial misconduct / Brady | Morrison: State withheld exculpatory evidence (medical records), misstated facts, introduced improper testimony and references (truck, cadaver dogs, luminol), and elicited improper hearsay from victim’s daughter | State: DNA evidence was presented, no Brady showing of suppression, many complaints unpreserved or unsupported, court allowed limited luminol testimony and admissible hearsay under former necessity exception | No prosecutorial misconduct or Brady violation shown; claims fail |
| Speedy trial / speedy indictment | Morrison: delay (13 months to indictment; trial timing) deprived him of speedy trial/indictment and right to move for discharge | State: indictment occurred in March 2010 term and trial occurred within two terms; denial of speedy indictment not properly preserved | Trial timing satisfied statutory speedy-trial terms; speedy-indictment/due-process claim waived for first time on appeal |
| Ineffective assistance of counsel | Morrison: counsel failed to communicate, investigate, subpoena medical records, properly cross-examine, object to evidence, advise on pleas, and pursue speedy-discharge motion | Counsel: met multiple times, reviewed discovery, made strategic decisions (limited cross-exam, avoided prolonging damaging testimony), could not show medical records would help, and client resisted pleas | No deficient performance shown; Strickland first-prong not met, claim fails |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for review of sufficiency of the evidence)
- Brady v. Maryland, 373 U.S. 83 (prosecutor’s duty to disclose exculpatory evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Propst v. State, 299 Ga. 557 (Brady standard applied in Georgia)
- Mathis v. State, 291 Ga. 268 (hearsay necessity exception under former Georgia law)
- Brooks v. State, 285 Ga. 246 (burden to prove prosecutorial misconduct)