Owens v. State
811 S.E.2d 420
Ga.2018Background
- Margie Owens shot and killed her husband, Randall Owens, on May 17, 1997; physical evidence showed he was shot in the back while lying in bed and died of blood loss.
- At trial (June 1998) the jury convicted Margie of voluntary manslaughter (as a lesser offense), felony murder (based on aggravated assault), and possession of a firearm during the commission of a crime; the court sentenced her to life for felony murder and five years consecutive on the firearm count, merging manslaughter into felony murder.
- Defense presented a battered-person-syndrome justification and related expert testimony; the jury nonetheless returned the three convictions.
- Appellant filed a motion for new trial in June 1998; after lengthy post-trial delays (transcript and record proceedings), the motion was denied in 2006 and the appeal record was not transmitted to the Supreme Court until 2017 (approximately 19 years after sentencing).
- On appeal Owens argued (1) trial counsel was ineffective for failing to call additional abuse witnesses and introduce hospital photos, and (2) the felony-murder conviction could not stand because the jury also convicted her of voluntary manslaughter 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 predicate | The felony-murder verdict should be vacated because voluntary manslaughter and felony murder based on the same underlying assault cannot both stand under Edge | State conceded the merger rule applies here | Conviction and sentence for felony murder vacated; remand to enter conviction and sentence for voluntary manslaughter instead |
| Whether trial counsel rendered ineffective assistance by not calling four witnesses and not introducing hospital photos to prove battered-person justification | Counsel’s omission deprived Owens of a meaningful defense and prejudiced the outcome | Defense presented ample abuse testimony and expert evidence; decisions not to call additional witnesses/photos were tactical; State argued no prejudice shown | Ineffective-assistance claim denied: counsel’s choices were reasonable trial strategy and Owens failed to show prejudice |
| Whether post-trial/pre-appeal delay requires relief or affects judgment | Delay prejudiced Owens’ rights and sentencing exposure (she had already served many years) | No error shown arising from delay; delay unjustified but did not change appeal outcome | Court admonished participants, directed Council of Superior Court Judges to propose a Uniform Rule to address such delays; noted potential sentencing implications on remand |
| Whether firearm conviction affirmed | N/A (not contested) | N/A | Firearm conviction and sentence affirmed |
Key Cases Cited
- Edge v. State, 261 Ga. 865, 414 S.E.2d 463 (Ga. 1992) (adopting modified merger rule: voluntary manslaughter verdict precludes felony murder based on same aggravated assault)
- Sanders v. State, 281 Ga. 36, 635 S.E.2d 772 (Ga. 2006) (explaining scope of Edge’s modified merger rule)
- Sinkfield v. State, 262 Ga. 555, 422 S.E.2d 851 (Ga. 1992) (reversing felony murder where manslaughter verdict was merged improperly)
- Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (U.S. 1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Walker v. State, 301 Ga. 482, 801 S.E.2d 804 (Ga. 2017) (trial strategy deference on witness/evidence decisions)
- Wells v. State, 295 Ga. 161, 758 S.E.2d 598 (Ga. 2014) (noting heavy burden to prove ineffective assistance)
- Howard v. State, 298 Ga. 396, 782 S.E.2d 255 (Ga. 2016) (speculation about unpresented evidence is insufficient to show Strickland prejudice)
- Shank v. State, 290 Ga. 844, 725 S.E.2d 246 (Ga. 2012) (admonition against inordinate post-conviction, pre-appeal delays)