Smith v. State
300 Ga. 532
| Ga. | 2017Background
- In 2008 Smith was indicted for malice murder and related firearm and assault offenses after his girlfriend, Sherita Dunham, was shot and killed; a jury convicted him at a 2014 trial.
- Evidence at trial: Smith accused Dunham of stealing $400 and his phone; he became angry, a witness saw a physical struggle at the door, Smith struck her and a gunshot followed.
- Smith called 911, gave a false account, and while on hold dismantled and hid the revolver; police later recovered the parts after Smith (after initially requesting counsel) directed officers to their location during interrogation.
- Forensic evidence: the recovered .32 revolver fired the fatal bullet; the wound was a contact chest wound inflicted with substantial force; witnesses described prior physical fights between Smith and Dunham.
- Procedural posture: Smith was convicted of malice murder and related counts; he filed a motion for new trial which was denied; he appealed, challenging sufficiency/weight of the evidence, juror bias, ineffective assistance of counsel (suppression waiver and failure to object), and sentencing merger of a felon-in-possession count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / weight of the evidence / new trial | Smith: evidence insufficient; verdict against weight of evidence; trial court should grant new trial as thirteenth juror | State: evidence (forensics, witness testimony, Smith’s inconsistent statements) supports conviction; trial court properly exercised discretion denying new trial | Affirmed: evidence legally sufficient; trial court did not abuse discretion denying new trial (weight-of-evidence review is for trial court) |
| Juror for-cause challenge | Smith: prospective juror’s history of domestic violence made her unable to be impartial | Juror and defense: juror said she could set aside her experience and judge on trial evidence; prosecution also questioned juror | Affirmed: no abuse of discretion — juror indicated she could be impartial after further questioning |
| Ineffective assistance — waiver/withdrawal of suppression and failure to object to custodial statements/related exhibits | Smith: counsel unreasonably withdrew suppression motion and failed to object, allowing prejudicial statements and weapon in evidence (fruit of poisonous tree) | State: counsel withdrew motion for tactical reasons (anticipating Smith’s testimony and impeachment use); search warrant independent of Smith’s statements; counsel’s decisions presumed strategic | Affirmed: no deficient performance shown; tactical choice reasonable and evidence would have been admissible based on independent probable cause |
| Sentencing — merger of felon-in-possession count | Smith: trial court merged Count 6 into murder sentence | State: trial court treated Count 6 as merged into murder | Vacated in part and remanded: conviction for possession of a firearm by a convicted felon did not merge with malice murder; remand for resentencing on that count |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence)
- Slaton v. State, 296 Ga. 122 (trial court acts as thirteenth juror on weight-of-evidence new-trial ground)
- Ridley v. State, 236 Ga. 147 (appellate review limited to sufficiency where trial court denied new trial on general grounds)
- Philpot v. State, 300 Ga. 154 (credibility and conflict resolution are factfinder functions)
- Jones v. State, 299 Ga. 377 (felon-in-possession does not merge into murder when elements differ)
- Akhimie v. State, 297 Ga. 801 (trial court’s discretion to deny for-cause challenge; demeanor and additional questioning matter)
- Hudson v. State, 250 Ga. 479 (strategic trial decisions are within counsel’s province)