Shank v. State
290 Ga. 844
| Ga. | 2012Background
- Appellant Shank was convicted in 1996 of malice murder and related crimes for the bludgeoning death of Mark Garner; Garner and his wife sold marijuana to Shank and had prior dealings with him.
- At trial, Garner identified Shank as the attacker; the crime scene showed extensive head injuries to Garner and brain matter exposed.
- Police found bleach-soaked clothing in Shank’s jacket and sweatshirt, a scrubbed car seat, and bloody items at the hotel where he stayed.
- Garner’s wife recovered speech and positively identified Shank, including references to being called “Bobby”; forensic evidence indicated a large bladed instrument caused the injuries.
- Evidence viewed in the light most favorable to the verdict supported a rational finding of guilt beyond a reasonable doubt.
- Post-conviction, Shank challenged jury recharging on reasonable doubt, allowing testimony rereads, juror contact, and his ineffective-assistance claim; the trial court denied relief and the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain a guilty verdict | Shank | State | Evidence sufficient to support verdict |
| Whether the court properly denied recharging the jury on reasonable doubt | Shank | State | No reversible error; invited error and tacit withdrawal of request |
| Whether rereading portions of testimony during deliberations was permissible | Shank | State | Discretionary, not reversible error; adequate cautionary instruction given |
| Whether juror contact warranted mistrial | Shank | State | Contact inconsequential; no prejudice; mistrial denied |
| Whether trial counsel were ineffective for delays in filing/new-trial proceedings | Shank | State | Delay not shown to prejudice appeal; ineffective-assistance claim failed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires reasonable doubt standard)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility and resolving conflicts; standard of review)
- Barnes v. State, 269 Ga. 345 (Ga. 1998) (affirmative waiver prevents plain-error review)
- Cheddersingh v. State, 290 Ga. 680 (Ga. 2012) (affirmative waiver; plain error framework)
- Johnson v. State, 254 Ga. 591 (Ga. 1985) (recharge issue deemed tacitly withdrawn when jury does not respond)
- Clements v. State, 289 Ga. 640 (Ga. 2011) (prejudice required for reversal where juror-contact irregularity)
- Puga-Cerantes v. State, 281 Ga. 78 (Ga. 2006) (discretion to reread evidence during deliberations)
- Murphy v. State, 290 Ga. 459 (Ga. 2012) (post-conviction delays and appellate prejudice)
- Hill v. State, 290 Ga. 493 (Ga. 2012) (affirming conviction despite delay concerns)
- Chatman v. Mancill, 280 Ga. 253 (Ga. 2006) (prejudice from appellate delay analysis)