Smith v. State
301 Ga. 348
Ga.2017Background
- In 2008 Smith became the paid primary caregiver and landlord for Arthur Pelham, a disabled Vietnam veteran over 65 who received VA benefits and adult-day services.
- Smith rented Pelham a downstairs room in her split-level home, retained upstairs living space, and did not give residents keys; the VA-arranged daycare was closed when county schools closed for inclement weather and Smith signed a form acknowledging that policy.
- Neighbors and service providers repeatedly observed Pelham wandering outdoors, disoriented, or exposed to extreme weather; multiple 911 calls had been made about his unsupervised condition.
- On January 6, 2014 (a day the daycare and schools were closed for freezing weather), Pelham was observed outside Smith’s house throughout the morning; neighbors reported he was cold and said Smith would not let him inside.
- Pelham was found unconscious outside Smith’s back door later that day and subsequently died at the hospital of hypothermia; emergency responders encountered hazardous living conditions and limited heat downstairs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder and cruelty to an elder | Smith lacked knowledge daycare was closed and did not willfully deprive Pelham of shelter; no proof he knocked or was refused entry | Smith was primary caregiver, signed daycare form, denied residents keys, and refused to let Pelham in on a freezing day, causing deprivation leading to death | Affirmed: sufficient evidence that Smith willfully deprived Pelham of shelter and sustenance and that deprivation caused his death (felony murder and cruelty convictions upheld) |
| Ineffective assistance — failure to investigate witnesses/evidence | Trial counsel failed to interview State witnesses or identified witnesses and did not re-examine physical evidence, prejudicing the defense | Counsel investigated, interviewed witnesses, called favorable witnesses, and Smith failed to proffer what additional investigation would have produced | Affirmed: no deficient performance shown; Smith failed to show prejudice or proffer omitted evidence/witness testimony |
| Ineffective assistance — failure to request lesser-included instruction(s) | Counsel should have requested involuntary manslaughter or reckless conduct instructions so jury could consider lesser culpability | Counsel chose an "all-or-nothing" not-guilty strategy to avoid admitting negligence; choice was reasonable trial strategy | Affirmed: counsel’s strategic decision was permissible and not deficient; no relief granted |
| Causation and requisite intent for felony murder based on underlying felony (elder cruelty) | Argues lack of proof Smith had requisite intent to commit the underlying felony | Court: felony murder requires intent to commit the underlying felony; evidence showed willful deprivation by caregiver causing death | Held: evidence permitted a rational juror to find intent to commit underlying felony; felony murder sustained |
Key Cases Cited
- Holliman v. State, 257 Ga. 209 (definition that felony murder requires intent to commit underlying felony)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- Domingues v. State, 277 Ga. 373 (applying Strickland; burden to show deficiency and prejudice)
- Jessie v. State, 294 Ga. 375 (trial strategy decisions about jury charges fall within counsel’s discretion)
- McKee v. State, 277 Ga. 577 (permitting an all-or-nothing defense strategy; denying ineffective-assistance claim)