Owens v. State
303 Ga. 254
| Ga. | 2018Background
- Margie Owens shot and killed her husband, Randall, on May 17, 1997; evidence showed heavy drinking, prior threats, and physical evidence consistent with a shooting while the victim lay in bed.
- At trial (June 1998) the jury convicted Owens of voluntary manslaughter (as a lesser included of malice murder), felony murder based on aggravated assault, and possession of a firearm during the commission of a crime.
- Owens was sentenced to life for felony murder and a consecutive five years on the firearm conviction; the manslaughter verdict was merged into the felony murder conviction at sentencing.
- Owens filed a motion for new trial (1998); after prolonged, largely unexplained delays (record/transmission issues), the appeal did not reach the Georgia Supreme Court until 2017.
- On appeal Owens argued (1) ineffective assistance of trial counsel for failing to call additional witnesses and introduce hospital photos supporting battered person syndrome/self-defense; and (2) that the felony murder conviction must yield to the jury’s voluntary manslaughter verdict under Georgia’s modified merger rule.
Issues
| Issue | Plaintiff's Argument (Owens) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether felony murder conviction may stand when jury also found voluntary manslaughter based on same aggravated assault | Manslaughter verdict precludes separate felony murder conviction under Georgia’s modified merger rule | Conviction should stand | Court: Vacated felony murder conviction; remanded to resentence for voluntary manslaughter (Edge rule applies) |
| Whether trial counsel was ineffective for not calling 4 witnesses and not introducing hospital photos supporting battered-person defense | Failure to present this additional cumulative evidence deprived Owens of effective assistance and likely affected outcome | Counsel made a reasonable strategic choice; substantial testimonial and expert battered-person evidence was already presented | Court: Ineffective-assistance claim denied — performance not deficient and no shown prejudice (Strickland standard) |
| Whether long pre-appeal delay requires relief or affects appeal | Delay violated Owens’s rights and warrants remedy | State: No specific relief; delay unexplained but did not create reversible error here | Court: Noted and condemned the inordinate delay; no reversal for delay but ordered systemic remedial action (rule proposal) |
| Sentencing implications of remand | Owens seeks correction from life (felony murder) to term consistent with voluntary manslaughter | State will reimpose appropriate sentence within statutory range | Court: Remanded for prompt resentencing on voluntary manslaughter; observed that maximum is 20 years and current time served may exceed that |
Key Cases Cited
- Edge v. State, [citation="261 Ga. 865"] (modified merger rule: voluntary manslaughter verdict bars felony murder when underlying felony is the homicide itself)
- Strickland v. Washington, [citation="466 U.S. 668"] (ineffective-assistance two-prong performance/prejudice test)
- Sanders v. State, [citation="281 Ga. 36"] (explaining Edge/modified merger application)
- Sinkfield v. State, [citation="262 Ga. 555"] (vacating felony murder where voluntary manslaughter was merged improperly)
- Walker v. State, [citation="301 Ga. 482"] (strategic trial decisions re: witnesses/evidence; standard for deficient performance)
- Wells v. State, [citation="295 Ga. 161"] (burden on defendant alleging ineffective assistance is heavy)
- Shank v. State, [citation="290 Ga. 844"] (condemnation of inordinate post-conviction, pre-appeal delays and admonition to courts/parties)