Sharpe v. State
291 Ga. 148
| Ga. | 2012Background
- Thompson, J. affirms Sharpe's two consecutive life terms for malice murder tied to deaths of Cadle and Lawrence in a 2008 Richmond County arson.
- Appellant Sharpe lived with the victims; a confrontation with Celisa Hamilton occurred just before the fire.
- Witness saw Hamilton threaten to kill someone; Sharpe exited with a flashlight, moved to a side of the house where gas cans were found, reentered with an item, and fled after an explosion.
- Arson experts testified accelerant was used and the fire was intentionally set; Sharpe later expressed relief that one victim was dead.
- Evidence linking Sharpe to the murders was circumstantial but substantial enough to sustain a rational jury verdict beyond a reasonable doubt.
- Post-trial motions and the 2011–2012 appeal followed a 2008 severed trial and 2011 denial of a motion for new trial, with the judgment affirmed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Sharpe argues circumstantial evidence; actual cause undetermined | Sharpe contends insufficient to prove guilt beyond reasonable doubt | Evidence sufficient to sustain verdict |
| Admissibility of medical examiner on manner of death | Medical examiner's homicide classification invades jury’s ultimate issue | Allowed as expert medical testimony under OCGA §24-9-67; not improper bolstering | Admissible; harmless error if any |
| Exclusion of 911 recording as hearsay | 911 recording could be exculpatory and probative | Self-serving declaration; not admissible hearsay; res gestae not proven | No error; admissibility within trial court’s discretion |
| Arson instructions vs indictment | Instructing on subsections not charged in indictment violated specific charging | Jurors were properly instructed with burden of proof and actual indictment; no net error | No reversible error; no evidence of conviction on unindicted theory; plain error not shown |
| Not guilty acquittal instruction | Charge failed to inform that not guilty could general-acquit | Instructions adequate; no plain error | No plain error; instruction adequate |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard for criminal convictions)
- Willis v. State, 274 Ga. 699 (Georgia Supreme Court 2002) (expert testimony on scientific matters admissible; limits on ultimate issue)
- Suits v. State, 270 Ga. 362 (Georgia Supreme Court 1998) (harmless error review and evidentiary considerations)
- Mikell v. State, 286 Ga. 722 (Georgia Supreme Court 2010) (indictment-reading and jury instruction alignment with charging language)
- State v. Kelly, 290 Ga. 29 (Georgia Supreme Court 2011) (plain-error review standard and non-prejudicial impact of error)
- Parker v. State, 276 Ga. 598 (Georgia Supreme Court 2003) (residual hearsay and admissibility considerations)