Parker v. State
305 Ga. 136
| Ga. | 2019Background
- Defendant James Don Parker, tried by a Jones County jury, was convicted of malice murder in the February 2014 shooting death of his friend Alan Helmuth; sentenced to life.
- Parker claimed self-defense: he testified Helmuth beat him, blocked his escape, and lunged so Parker retrieved a .22 rifle and fired two shots.
- Physical/medical evidence and booking photos showed only minor superficial injuries to Parker and contradicted many details of his account (no extensive defensive wounds; evidence about the sequence and orientation of shots disputed).
- Parker was convicted after a jury trial; he filed a timely motion for new trial and appeals raising instructional errors and ineffective-assistance claims.
- The Supreme Court of Georgia affirmed, finding the evidence sufficient and rejecting claims of jury-charge error and ineffective assistance.
Issues
| Issue | Parker's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Conviction not supported; his self-defense account plausible | Evidence, viewed favorably to verdict, supports murder conviction | Evidence sufficient under Jackson v. Virginia; conviction affirmed |
| Character-evidence jury instruction | Pattern charge inadequate per Hobbs; failed to instruct properly on acquittal by reasonable doubt from good character | Pattern instruction adequately explained how to consider character evidence | Charge proper; no reversible error |
| "Hastening death" jury charge | Charge inconsistent with self-defense doctrine and violated OCGA §17‑8‑57; judge intimated view | Charge viewed with other instructions that made self-defense scope clear; Parker affirmed recharge and did not preserve objection | No plain error; jury charge as a whole adequate; no indication of judge’s bias |
| Ineffective assistance of counsel (expert, juror strike, investigation) | Trial counsel should have called crime-scene expert, struck juror with sheriff ties, and investigated witness Howell as fact witness | Strategic choices were reasonable; expert testimony would not likely change outcome; juror answered impartiality and counsel reasonably declined peremptory; Howell’s testimony cumulative/easily supplied by defendant | Strickland prejudice and deficiency not shown; ineffective-assistance claims fail |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sufficiency-of-evidence standard)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Kimmelman v. Morrison, 477 U.S. 365 (premise on counsel investigation and expert testimony)
- Hobbs, 288 Ga. 551 (discussed regarding character-instruction requirements)
- Williams v. State, 304 Ga. 455 (pattern character charge adequate)
- DuBose v. State, 299 Ga. 652 (plain-error standard for jury instructions)
- Gadson v. State, 303 Ga. 871 (evaluate jury charge as whole)
