Phoenix v. State
304 Ga. 785
| Ga. | 2018Background
- On May 29, 2014, Angela Whitten placed a 911 call naming her attacker as "Greyhound" (Phoenix). She was later found stabbed and died from multiple chest stab wounds.
- Police encountered Phoenix near the residence shortly after the call, pursued and detained him; officers recovered from Phoenix two cell phones (one belonging to Whitten), bloodstained yellow gloves, and an icepick-like tool with Whitten's blood.
- A GBI forensic pathologist concluded the wounds were consistent with the recovered tool; Phoenix was indicted for multiple offenses and tried in October 2014.
- A jury convicted Phoenix of malice murder, one count of aggravated assault, one count of felony murder (vacated/merged for sentencing), and obstruction of an officer; he received life without parole plus a consecutive 12 months.
- Phoenix filed speedy-trial demands and repeatedly sought continuances shortly before and during trial, arguing defense experts lacked adequate time to inspect and test evidence; the trial court denied the continuances.
- On appeal to the Georgia Supreme Court, Phoenix’s sole contention was that denying the continuance was an abuse of discretion; the Court affirmed his convictions.
Issues
| Issue | Phoenix's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Phoenix's motion for a continuance to allow defense experts time to test physical evidence | Denial deprived defense of adequate time to prepare and to have expert inspect/test evidence, impairing voir dire and trial preparation | State complied with discovery (open-file policy); Phoenix filed speedy-trial demands and failed to show due diligence or specific prejudice from denial | Court affirmed: no abuse of discretion and Phoenix failed to show harm from denial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard for conviction review)
- Brittian v. State, 299 Ga. 706 (trial-court broad discretion on continuances; abuse standard)
- Geiger v. State, 295 Ga. 648 (defendant must show harm from denial of continuance)
- Foster v. State, 299 Ga. 691 (requirement to identify expert, expected testimony, and benefit to show harm)
- Wynn v. State, 322 Ga. App. 66 (to show prejudice, must identify additional evidence or witnesses defense would have presented)
- Malcolm v. State, 263 Ga. 369 (effect of merger/vacatur between felony murder and malice murder)