Smith v. State
292 Ga. 316
| Ga. | 2013Background
- Jennifer Smith was shot dead in Gwinnett County; appellant was arrested nearby with blood on his feet.
- A .45 handgun found in a stereo cabinet was identified as the murder weapon; shell casings and a bullet from the scene matched the gun.
- Prosecution established that the blood on the gun and on Smith’s clothing matched the victim.
- An audiovisual recording captured appellant after arrest, expressing anger and saying he did it, describing himself as a killer.
- Appellant offered an insanity-like defense, arguing delusional compulsion; the State contradicted this with expert testimony on criminal responsibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for malice murder | Smith argues evidence supports acquittal. | Smith contends evidence is legally insufficient for malice murder. | Evidence sufficient beyond reasonable doubt. |
| Admission of victim’s acts against third parties when justified | USCR 31.6 allows such evidence to prove justification. | Victim’s acts against third parties should be admitted to show aggressor status. | No abuse of discretion; victim not shown as aggressor. |
| Failure to instruct burden of proof for voluntariness of custodial statement | State should have burden to prove voluntariness. | Trial court erred by omitting burden instruction. | No plain error; likely did not affect outcome. |
| Ineffective assistance of trial counsel | Counsel deficient for not requesting voluntariness instruction and other objections. | Deficient performance, if any, did not prejudice outcome. | No prejudice; counsel not shown to have altered outcome. |
Key Cases Cited
- Jackson v. Virginia, 443 U. S. 307 (1979) (sufficiency standard for criminal conviction)
- Chandler v. State, 261 Ga. 402 (1991) (admissibility of evidence in justification context)
- Johnson v. State, 270 Ga. 234 (1998) (victim aggressor requirement for third-party acts)
- Ludy v. State, 283 Ga. 322 (2008) (needed aggressor showing for third-party acts evidence)
- State v. Hodges, 291 Ga. 413 (2012) (appellate review of exclusion of third-party acts evidence)
- Kelly v. State, 290 Ga. 29 (2011) (plain error standard for jury instructions)
- Murphy v. State, 279 Ga. 410 (2005) (abuse-of-discretion review for evidentiary rulings)
- Witt v. State, 157 Ga. App. 564 (1981) (new trial discretionary limits)
- Willis v. State, 263 Ga. 597 (1993) (standard for appellate review of verdicts)
- Drake v. State, 288 Ga. 131 (2010) (sanity/insanity instruction standards)
- Wilcox v. State, 297 Ga. App. 201 (2009) (sanity instructions and jury conformity)