Palmer v. the State
330 Ga. App. 679
Ga. Ct. App.2015Background
- Defendant Willie Lee Palmer, Jr. convicted of family violence battery (OCGA § 16-5-23.1(f)) and two counts of cruelty to children (OCGA § 16-5-70(d)(2)) after a domestic altercation during which the victim (his wife) testified he struck her while straddling her on a sofa.
- Responding deputy observed visible injuries to the wife; daughter corroborated seeing Palmer strike her. Palmer testified he did not punch his wife and claimed he pushed her away and was scratched.
- Defense requested a jury instruction on the affirmative defense of justification (self-defense); the trial court declined and defense counsel expressly acquiesced to the final charge.
- At trial the court limited certain cross-examination questions about the victim’s alleged history of domestic violence, sustained an objection to a witness’s volunteered statement that Palmer sold drugs (followed by a curative instruction), denied a for-cause strike of a prospective juror, and excluded a defense photograph of Palmer’s injuries as a reciprocal-discovery sanction.
- Palmer moved for a new trial alleging ineffective assistance of counsel based on several trial counsel decisions; the trial court denied relief and the Court of Appeals affirmed.
Issues
| Issue | Palmer's Argument | State's Argument | Held |
|---|---|---|---|
| Refusal to charge justification | Court should have instructed on self-defense as sole defense | No evidence raised justification; Palmer denied punching the victim | Waived by defense acquiescence; in any event no evidence supported justification so no charge required |
| Limiting cross-examination of deputy | Counsel sought to elicit that police form showed both parties had history of domestic violence to support justification | Such questions would impugn victim’s character and were irrelevant absent prima facie showing of self-defense | No abuse of discretion in limiting cross-exam; victim’s character evidence irrelevant without showing of justification |
| Denial of mistrial after witness said Palmer sold drugs | Statement was prejudicial and warranted mistrial | Trial court gave curative instruction and Palmer declined to renew mistrial | Claim not preserved because defense declined to renew motion after curative instruction |
| Denial of strike for cause of juror | Juror twice said she couldn’t put prior trauma aside and could not be impartial | Juror stated she could listen to evidence and decide on facts | Trial court did not manifestly abuse discretion; record insufficient to show juror incapable of deciding on evidence |
| Exclusion of defense photograph of Palmer’s injuries | Photo was admissible and authenticated; exclusion prejudiced defense | Photo was not timely served under reciprocal discovery; sanction within court’s discretion | Any error harmless because photo was cumulative of both parties’ testimony |
| Ineffective assistance of counsel (multiple grounds) | Counsel failed to object to reading unredacted indictment, failed to timely disclose photo, failed to insist on justification instruction | Counsel’s choices were reasonable or nonprejudicial; some objections would have been meritless | No ineffective assistance — either no deficient performance or no prejudice; cumulative errors not reasonably likely to change outcome |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for viewing evidence in light most favorable to jury verdict)
- Gunter v. State, 316 Ga. App. 485 (acquiescence to court’s charge decision waives complaint)
- Benefield v. State, 204 Ga. App. 87 (no duty to charge self-defense where defendant denies committing the act)
- Chambers v. State, 308 Ga. App. 748 (victim reputation admissible when defendant claims self-defense to show reasonable fear)
- Mosely v. State, 269 Ga. 17 (standard for excusing juror for cause)
- Brown v. State, 295 Ga. 804 (trial court’s discretion in juror strikes and review standard)
- White v. State, 265 Ga. App. 302 (indictment may reflect maximum punishment where offense escalates by repetition; caution re: revealing priors)
- Favors v. State, 182 Ga. App. 179 (exposure of prior convictions in guilt phase may be harmless when priors are otherwise before jury)
- Reese v. State, 289 Ga. 446 (no error to refuse justification charge when no evidence supports it)
- Hicks v. State, 287 Ga. 260 (no justification charge where evidence cannot reasonably support self-defense)