Summerlin v. State
339 Ga. App. 148
Ga. Ct. App.2016Background
- On May 31, 2013, Candida Summerlin drove to a Cobb County work-release facility, was told to move her parked car, and then accelerated into Lieutenant Westenberger and Sergeant Kite, injuring both; she was arrested at the scene.
- A Cobb County jury convicted Summerlin guilty but mentally ill on multiple counts: two counts each of criminal attempt to commit malice murder and felony murder (later merged), aggravated assault on a peace officer, hit-and-run, criminal damage to property, plus aggravated battery, fleeing/eluding, and interference with government property.
- The State introduced recorded jail telephone calls and investigatory testimony recounting Summerlin’s statements expressing hostility toward law enforcement and saying she ran an officer over after he “tried to shoot” her. Defense argued these were inadmissible hearsay and violated confrontation.
- Summerlin presented psychiatric evidence diagnosing bipolar disorder with psychotic features and opining she was psychotic/manic during the incident; the State’s experts diagnosed malingering or did not find she lacked capacity to distinguish right from wrong.
- After conviction and sentencing, defense obtained a probate-court psychological evaluation claiming Summerlin was psychotic at the time; she moved for new trial based on that newly discovered evidence.
- The trial court merged alternate counts (felony-murder attempts) into malice-murder attempt convictions and sentenced on the malice-murder attempt counts; Summerlin appealed raising five principal errors.
Issues
| Issue | Summerlin’s Argument | State’s Argument | Held |
|---|---|---|---|
| Admissibility of jail phone statements | Statements were irrelevant, hearsay, and violated confrontation | Statements were party admissions or relevant for intent/motive; limiting instruction given; jury could assess credibility | Admission proper: statements were admissible (admissions or relevant non-hearsay) and not a confrontation violation |
| Insanity defense / guilty but mentally ill verdict | She proved insanity by preponderance; verdict should be not guilty by reason of insanity | Jury properly rejected insanity evidence based on expert testimony and other statements showing motive/intent | Affirmed: jury could reject insanity; verdict of guilty but mentally ill sustainable |
| New trial based on probate psychological report | Newly discovered report showed she was psychotic and would likely change verdict | Report is cumulative of trial evidence and unlikely to produce different verdict | Denial of new trial affirmed: evidence cumulative and not outcome-determinative |
| Directed verdict on attempt to commit felony murder | Attempt to commit felony murder is not a recognized offense; charges prejudiced jury | Even if not recognized, those counts were merged/vacated and evidence for other convictions was overwhelming | No reversible error: felony-murder attempt counts merged/vacated; any error harmless or moot |
| Jury instructions (felony murder language, murder definitions, treatment funding) | Jury was misinstructed re: felony murder elements and murder language; court failed to tell jury treatment depends on state funds | Instructions explained elements of crimes being attempted and complied with statutory requirements for guilty but mentally ill charge | No reversible error: instructions appropriate as given; felony-murder instruction moot due to merger; treatment-funding language not required in jury charge |
Key Cases Cited
- Norred v. State, 297 Ga. 234 (permission to reject insanity evidence; standard of review for insanity defenses)
- Barge v. State, 256 Ga. App. 560 (jury may reject expert insanity testimony but not when proof is overwhelming)
- Brown v. State, 228 Ga. 215 (act itself may sometimes prove diseased mind)
- State v. Hill, 295 Ga. 716 (elements required to obtain new trial for newly discovered evidence)
- Brown v. State, 264 Ga. 803 (definition of cumulative evidence for new trial analysis)
- Roberts v. State, 276 Ga. 258 (when conviction/sentence entered only on malice-murder count, felony-murder complaints are moot)
- Mason v. State, 279 Ga. 636 (merged convictions vacated as matter of law and fact)
- Johnson v. State, 187 Ga. App. 803 (instructing on elements of completed offense is proper when defendant charged with attempt)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)