State v. Heath
308 Ga. 836
Ga.2020Background
- Kristine Heath ran a stop sign while driving, collided with a Jeep Cherokee, causing one passenger in her car to die and multiple serious injuries to occupants of both vehicles.
- Indictment charged multiple felonies: homicide by vehicle (1st degree based on reckless driving and DUI; jury convicted on reckless-based 1st and returned a lesser-included 2nd for the DUI theory), five serious-injury-by-vehicle counts, failure to stop at a stop sign, and an open-container count (later nol-prossed).
- At trial Heath was convicted on the felony counts (except one DUI-based homicide count where the jury returned a lesser offense); she was sentenced to 15 years imprisonment plus 15 years probation after merger of some counts.
- On appeal the Court of Appeals held the felony counts (other than the stop-sign count) were fatally defective as to substance and that trial counsel rendered ineffective assistance by failing to file a general demurrer; it reversed those convictions.
- The State conceded the counts were subject to a valid general demurrer and that a timely general demurrer after jeopardy attached would have resulted in dismissal of the felony counts; it argued Heath suffered no Strickland prejudice because she had notice and the evidence would have supported conviction on retrial.
- The Supreme Court granted certiorari on whether counsel’s failure to file a general demurrer resulted in Strickland prejudice, and affirmed the Court of Appeals: prejudice was shown because a granted general demurrer would have defeated the felony convictions at that trial.
Issues
| Issue | Heath's Argument | State's Argument | Held |
|---|---|---|---|
| Whether failure to file a valid general demurrer can constitute ineffective assistance of counsel (with Strickland prejudice) | Failure to demur to a substantively void indictment prejudiced because a general demurrer after jeopardy would have dismissed the felony counts | No prejudice because Heath had adequate notice of charges and evidence would have produced the same result; State could re‑indict | Held: Yes. Failure to demur to void counts prejudiced Heath under Strickland because those counts would have been dismissed at that trial |
| Whether defendant’s notice of allegations defeats prejudice from failing to raise a general demurrer | Notice is insufficient—general demurrer attacks substance regardless of notice | Notice should negate prejudice; defects that only affect specificity are for special demurrer | Held: Notice does not cure a substantively void indictment; general demurrer tests substance, not notice |
| Whether the possibility of re‑indictment or retrial negates Strickland prejudice | The inquiry focuses on whether this trial’s result would likely differ absent counsel’s error, not on hypothetical future trials | If State could re‑indict and likely obtain conviction, there is no prejudice | Held: Irrelevant; Strickland asks whether this trial’s result would likely differ—here it would have been more favorable to Heath if demurrer had been raised |
| Whether prior Court of Appeals precedent (Walker/Coleman) bars relief where defendant had notice | Counsels’ failure to demur to a void count can be prejudicial even with notice | Walker/Coleman held no prejudice when defendant wasn’t misled by indictment imperfections | Held: Overrules Walker and Coleman to extent they hold that sufficient notice precludes prejudice from failing to raise a valid general demurrer |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two‑prong ineffective assistance of counsel test)
- Williams v. State, 307 Ga. 778 (2020) (general demurrer challenges substance of indictment; notice alone does not cure substantive defects)
- Everhart v. State, 337 Ga. App. 348 (2016) (failure to challenge a void count by general demurrer prejudiced defendant)
- Youngblood v. State, 253 Ga. App. 327 (2002) (counsel’s failure to attack a void indictment count contributed to prejudicial felony conviction)
- Walker v. State, 329 Ga. App. 369 (2014) (held failure to demur not ineffective if defendant not misled; overruled to the extent inconsistent)
- Coleman v. State, 318 Ga. App. 478 (2012) (relied on in Walker; characterized certain demurrer failures as minor; limited/overruled here)
- Kennebrew v. State, 299 Ga. 864 (2016) (convictions must be reversed when ineffective assistance shown even if State may retry)