Murphy v. State
290 Ga. 459
| Ga. | 2012Background
- Murphy was convicted of malice murder, felony murder, and cruelty to children for Tytanna Jackson’s death; he seeks new trial alleging plain error from trial-court remarks and improper severance; the trial court’s favorable comments about a State witness could have bolstered credibility; expert testimony showed severe injuries leading to toxic shock death; the molestation/sexual conduct charges were dead docketed; the case highlights delay and reconstruction challenges upon retrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility comment by court and witness bolstering | Murphy | Murphy | Conviction reversed for plain error |
| Plain error under OCGA § 17-8-57 | Court violated credibility prohibition | Error not plain; no reversal | Reversed and remanded for new trial |
| Severance from co-defendant | Severance required due to prejudice | No demonstrated prejudice | No error; severance denied affirmed |
| Mootness of hypothetical-question remarks on retrial | Remarks impacted trial credibility | Remains moot on retrial | Issue moot; not likely to recur |
Key Cases Cited
- Callaham v. State, 305 Ga. App. 626 (2010) (credibility determination lies with jury; error if court comments bolster witness)
- Hubbard v. Hubbard, 277 Ga. 729 (2004) (reversing after favorable witness opinion by trial court)
- Chumley v. State, 282 Ga. 855 (2008) (jurors affected by court’s opinion; plain error under OCGA 17-8-57)
- State v. Gardner, 286 Ga. 633 (2010) (plain error for trial court to influence jurors; failure to object not fatal)
- Jackson v. State, 443 U.S. 307 (1979) (due process standard for sufficiency of evidence)