Shy v. State
309 Ga. App. 274
| Ga. Ct. App. | 2011Background
- On September 24, 2005, at ~4:00 p.m., DeKalb fire and rescue personnel encountered a multi-vehicle collision on I-285 near Jonesboro Road; Shy was in a pickup at the scene and later removed to an ambulance.
- Two deceased victims were identified as a husband and wife; no witnesses testified at trial.
- Paramedics noted a lip laceration on Shy and smelled alcohol on his breath; blood drawn at Grady Hospital around 7:00 p.m. yielded negative results for alcohol.
- Shy did not have a valid driver’s license at the scene; law enforcement detained him for investigation.
- Shy was charged with two counts of first-degree vehicular homicide (reckless driving), two counts (DUI—alcohol and/or drugs), reckless driving, failure to maintain lane, driving in the emergency lane, and driving with a suspended license; the State later nol-prossed some counts.
- At trial, Shy was convicted of two first-degree vehicular homicide (reckless driving), reckless driving, failure to maintain a lane, driving in the emergency lane, and driving with a suspended license; two homicide counts (DUI) were acquitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of similar-transaction evidence for bent of mind | Shy: prior DUIs show general character; not sufficiently similar. | State: prior DUIs logically related to DUI bent of mind. | Proper for bent-of-mind; no reversible error. |
| Breadth of similar-transaction jury instruction | Instruction overly broad and permissive. | Pattern charge correctly limits use to course of conduct/bent of mind. | No error; instruction proper. |
| Preservation of error re: prejudicial prior-crimes evidence in State's Exhibit 57 | Appeal of prejudicial content; evidence improperly admitted. | Objection not timely; continuing objection preserved lack of issue. | Not preserved for review. |
| Sufficiency of circumstantial evidence for reckless driving | Circumstantial evidence insufficient to show reckless disregard. | Circumstantial evidence supports reckless driving; alternative theory rejected by jury. | Evidence sufficient beyond reasonable doubt. |
Key Cases Cited
- Williams v. State, 261 Ga. 640, 409 S.E.2d 649 (1991) (Georgia (1991)) (establishes proper purposes and similarities in independent-act evidence)
- Collum v. State, 281 Ga. 719, 642 S.E.2d 640 (2007) (Georgia (2007)) (treats similarity requirements for similar-transaction evidence)
- Sanders v. State, 258 Ga.App. 16, 572 S.E.2d 712 (2002) (Ga. App. 2002) (prior DUI evidence relevant to bent of mind in DUI cases)
- Nash v. State, 179 Ga.App. 702, 347 S.E.2d 651 (1986) (Ga. App. 1986) (drug-use evidence admissible to support reckless-driving charge)
- Rivers v. State, 236 Ga.App. 709, 513 S.E.2d 263 (1999) (Ga. App. 1999) (explains limits of similar-transaction use as improper for certain elements)
- Shadix v. State, 179 Ga. App. 644, 347 S.E.2d 298 (1986) (Ga. App. 1986) (discusses sufficiency of circumstantial evidence in reckless driving)