Powers v. State
314 Ga. App. 733
Ga. Ct. App.2012Background
- Powers convicted of rape, aggravated sodomy, burglary, and false imprisonment; sentenced to two consecutive life terms plus 25 years' probation.
- He sought continuances for discovery violations and mental-competence evaluation; trial court denied.
- Jackson-Denno hearing held on his statement; court found the statement voluntary and admissible.
- Mid-trial request to fire counsel and proceed pro se denied; Powers had previously chosen to be represented.
- Evidence included victim's testimony, expert testimony linking DNA to Powers, and a forensic examination showing injuries.
- Sufficiency: jury verdict upheld under Jackson v. Virginia; DNA matched Powers' profile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuance for discovery and competence | Powers argues sanctions/continuance due to discovery and mental-competence concerns. | State argues no abuse of discretion; no surprise or bad-faith conduct. | No abuse; continuance denied. |
| Competence to stand trial | Powers claimed mental-health issues required evaluation. | Trial court lacked bona fide doubt about competence. | No competency hearing required; denial affirmed. |
| admissibility of recorded statement | Statement was involuntary due to medication; Miranda rights inadequately explained. | waiver and noncustodial context show voluntariness. | Admissible; Miranda waiver valid. |
| Mid-trial self-representation | Right to proceed pro se should be granted mid-trial. | Request untimely and improperly motivated; follow trial counsel. | Denied; not reversible error. |
| Sufficiency of evidence | Encounters were unconstrained; lack of weapon or direct threat undermines force. | Defendant asserts consent or inadequate evidence for burglary/assault. | Evidence sufficient; DNA match and victim's testimony sustain convictions. |
Key Cases Cited
- Isaacs v. State, 259 Ga. 717 (Ga. 1989) (defendant cannot be co-counsel; right to self-representation)
- Morris v. State, 268 Ga. App. 325 (Ga. App. 2004) (discovery sanctions; review for abuse of discretion)
- Brown v. State, 236 Ga. App. 478 (Ga. App. 1999) (discovery-related continuance standard)
- Strong v. State, 263 Ga. 587 (Ga. 1993) (competency for trial; presumption of competence)
- Mitchell v. State, 207 Ga. App. 306 (Ga. App. 1993) (requires hearing if bona fide doubt of competence)
- White v. State, 202 Ga. App. 424 (Ga. App. 1992) (observes competency and waiver context)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for circumstantial evidence)