Neal v. State
290 Ga. 563
| Ga. | 2012Background
- Neal was convicted of malice murder for killing his fiancée Dorothy Driskell and sentenced to life imprisonment.
- In their master bedroom, Neal placed Driskell in a chokehold until she passed out; autopsy showed death by manual strangulation with significant force for at least four minutes.
- Neal claimed self-defense, alleging Driskell attacked him; he admitted holding the chokehold until she stopped resisting.
- There were no drugs or alcohol in Driskell’s system; Neal had a prior history of domestic violence against a former wife.
- Emergency personnel punctured the jugular vein while attempting to start an IV; medical negligence, if any, was not established and likely not an intervening cause.
- Similar-transaction evidence showed Neal’s violence toward prior intimate partners and was admitted to prove intent, course of conduct, and common scheme, despite the 13-year gap between incidents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove causation | Neal argues death was caused by medical intervention | Prosecution proved Neal’s strangulation directly caused death | Evidence sufficient beyond a reasonable doubt |
| Admissibility of prior similar transactions | Similar acts were inadmissible or overly prejudicial | Acts were probative of intent and pattern | Admissible; limiting instructions given; not reversible error |
| Self-defense instruction and subsections | Instruction on aggressor exception omitted or misapplied | Instruction tracked the statute; harmless error | No reversible error; instruction was harmless as given and complete overall charge |
| Ineffective assistance for not presenting ex-girlfriend testimony | Ex-girlfriend could rebut prior-acts evidence and show peaceful character | Counsel’s strategic choice avoided opening door to more adverse evidence | Trial counsel's decision not to call character witnesses was strategic and not ineffective |
| Jurisdictional framework (background concurrence) | Thornton-style rule should apply to direct appeals in life-imprisonment cases | Constitutional history supports jurisdiction over life-imprisonment cases | Court’s jurisdiction affirmed over life-imprisonment murder convictions; concurrence discusses historical basis |
Key Cases Cited
- Green v. State, 266 Ga. 758 (1996) (causation in homicide, whether medical treatment was intervening cause)
- Bishop v. State, 257 Ga. 136 (1987) (causation and discipline of contributing causes in homicide)
- Larkin v. State, 247 Ga. 586 (1981) (causation and multiple contributing factors in homicide)
- Shields v. State, 285 Ga. 372 (2009) (similar-transaction evidence; probative value outweighs prejudice)
- Hall v. State, 287 Ga. 755 (2010) (similar transactions admissible for intent and course of conduct)
- Smith v. State, 273 Ga. 356 (2001) (limits on similarity standard for character evidence and purpose for admissibility)