Background

• Powell was convicted in Muscogee County of multiple crimes connected to the September 29–30, 2008 murder of Herta Bailey, including malice murder, felony murder, robbery, theft by taking a motor vehicle, financial transaction card theft and fraud, and concealing a death; aggravated battery was also charged but later contested.
• Bailey disappeared on September 30, 2008; her missing credit card was used to pay bills for Powell, and the card was found in Powell's wallet at his arrest for fraudulent use.
• Police directed to Bailey’s missing car; a body was found in the car’s trunk; autopsy determined the cause of death was manual strangulation with additional disfigurement from muriatic acid.
• Bailey’s personal schedule shows a September 29 appointment with Powell; Bailey’s trainer and employer corroborate a September 29 interaction around 6:00 p.m.; a Pine Needle Drive neighbor observed Powell driving Bailey’s car about 8:15 p.m. that day.
• The trial court merged the malice murder into the felony murder verdict, sentencing Powell to life imprisonment for felony murder and imposing additional concurrent or consecutive terms for related offenses.
• The Supreme Court held that the evidence supported the guilty verdicts on most charges but found the aggravated battery conviction unsupportable because bodily harm must occur before death.

Issues

Key Cases Cited

• Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review of evidence for criminal convictions)
• Williams v. State, 270 Ga. 125 (Ga. 1998) (felony murder vs. malice murder surplusage distinction)
• Lucky v. State, 286 Ga. 478 (Ga. 2010) (sentence impact when misapplied conviction)
• Hall v. Terrell, 285 Ga. 448 (Ga. 2009) (timing of harm in relation to death for aggravated battery)
• Miller v. State, 275 Ga. 730 (Ga. 2002) (relevant to causation and battery/conduct priors)
• Hance v. State, 245 Ga. 856 (Ga. 1980) (definition of aggravated battery requires harm before death)