Simpson v. State
298 Ga. 314
| Ga. | 2016Background
- Victim Michael Wyscaver was found dead in an abandoned house in August 2008; cause of death was blunt force head trauma.
- Joshua Simpson admitted to hitting Wyscaver multiple times with a two-by-four, a computer tower, and a computer monitor after an unwanted sexual advance; he fled and later told his uncle and police.
- Trial (Dec. 2009) resulted in convictions for felony murder and aggravated assault; sentenced to life for felony murder and concurrent term for aggravated assault.
- Simpson appealed, raising sufficiency of the evidence, admission of photographs, several jury-charge objections, and ineffective assistance of counsel for jury selection decisions.
- Supreme Court of Georgia affirmed all rulings except it held the aggravated-assault conviction merged with the felony-murder conviction and vacated the separate aggravated-assault sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Simpson: evidence insufficient to prove he committed the crimes | State: Simpson's admissions and corroborating forensic and witness evidence proved guilt | Affirmed — evidence legally sufficient under Jackson standard |
| Admission of gruesome photographs | Simpson: post-autopsy and scene photos were unduly prejudicial | State: photos were probative to show wounds, scene evidence, and corroborate repeated blows | Affirmed — photos admissible to show nature/extent of wounds and assist medical testimony |
| Jury charges (several) | Simpson: some pattern instructions were unsupported or improper | State: charges were supported by the record or preserved only for plain-error review | Affirmed — preserved claim fails; unpreserved claims do not meet plain-error standard; preserved voluntary-manslaughter language acceptable |
| Ineffective assistance (peremptory strike) | Simpson: trial counsel should have reserved a strike and used it on a juror employed by a sheriff's office | State: strike choices were strategic; no showing juror was biased or that outcome would differ | Affirmed — no deficient performance or prejudice under Strickland |
| Merger of offenses | Simpson: (implicit) double punishment is improper | State: prosecuted for felony murder and aggravated assault based on same acts | Held — aggravated assault merged into felony murder; aggravated-assault conviction and sentence vacated |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard for criminal convictions)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- McKibbins v. State, 293 Ga. 843 (post-autopsy photographs admissible when necessary to show material facts)
- Leslie v. State, 292 Ga. 368 (crime-scene photos admissible to show wounds and scene evidence)
- Culpepper v. State, 289 Ga. 736 (predicate felony merges into felony-murder conviction)
- Sears v. State, 292 Ga. 64 (merger principle when indictment/charge doesn't show separate predicate felonies)