Taylor v. State
327 Ga. App. 882
Ga. Ct. App.2014Background
- In May 2008 Daniel W. Taylor attacked his estranged wife, Kassandra Norman, and left threatening voicemails; two days later he returned, kicked in her apartment door, assaulted her, and later struggled with Deputy Wesley Carmack inside the apartment.
- Carmack (plainclothes but displaying his badge) entered, announced himself, attempted to handcuff Taylor; Taylor fought, struck Carmack with handcuffs, and tried to grab his gun; Carmack shot Taylor in the foot; maintenance workers then subdued Taylor.
- Police found a note from Taylor stating he intended to kill Norman or himself and a handwritten will; Taylor was arrested and charged with multiple offenses including aggravated assault, burglary, terroristic threats, aggravated assault on a peace officer, obstruction, removal of a weapon from a public official, and stalking.
- Taylor proceeded to trial pro se after dismissing several appointed attorneys; he was convicted on all counts tried and moved for a new trial, which was denied.
- On appeal Taylor raised multiple claims: suppression of apartment evidence, speedy trial violation, defective recidivist notice, merger/double jeopardy of related counts, judicial bias/evidentiary rulings, use of false testimony, omitted jury charges, and insufficiency of the evidence.
- The Court of Appeals affirmed all convictions except it vacated the obstruction conviction (concluding it was subsumed by aggravated assault on an officer) and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument (Taylor) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Motion to suppress entry/evidence | Entry into Norman’s apartment violated Fourth Amendment | Exigent circumstances justified warrantless entry given recent violent attack and open, kicked-in door | Denial affirmed — exigent circumstances justified entry |
| Speedy trial / plea in bar | 27-month delay violated speedy trial rights; move to dismiss should be granted | Delay largely caused by Taylor dismissing multiple court-appointed attorneys and filing motions; prejudice not shown | Denial affirmed — delay weighed but defendant caused much delay and failed to show prejudice |
| Recidivist sentencing notice | State failed to give 10-day advance notice of intent to seek recidivist sentence | State gave notice before jury was sworn (on second day of trial) which suffices | Denial affirmed — notice was timely prior to jury swearing |
| Merger: obstruction vs. aggravated assault on officer | Convictions duplicate same conduct and should merge | Offense elements distinct? | Vacated obstruction conviction — obstruction was included in aggravated assault on officer; remand for resentencing |
| Merger: removal of weapon vs. assault on officer | These arose from same struggle and should merge | Removal-of-weapon was a separate act/transaction (attempt to grab gun) so no merger | Merger not required — convictions stand separately |
| Judicial misconduct / evidentiary rulings | Trial judge exhibited bias and improperly excluded affidavit impeachment evidence | Affidavit from non-testifying property manager lacked foundation and was inadmissible; court properly managed pro se defendant | No reversible misconduct; exclusion proper |
| Alleged use of false testimony / perjury | Victim and witnesses lied; convictions should be reversed | No showing that prosecution knowingly used perjured testimony; credibility is for jury | No relief — defendant failed to show knowing use of perjured testimony |
| Failure to give requested jury charges (self-defense, cohabitation, aggravated assault variants) | Court refused requested charges, harming defense | Requested charges were not properly filed/identified; evidence did not warrant self-defense or habitation-defense charges; standard pattern charges were given | No plain error — requested charges were not preserved or supported; trial court’s instructions adequate |
| Sufficiency of the evidence | Witness perjury undermines conviction; insufficient evidence | Evidence (victim, Carmack, witnesses, physical evidence, note) supports convictions; credibility conflicts for jury | Convictions affirmed (except obstruction) — evidence sufficient under Jackson v. Virginia |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Barker v. Wingo, 407 U.S. 514 (speedy trial balancing framework)
- Doggett v. United States, 505 U.S. 647 (speedy trial prejudice and delay analysis)
- State v. Alexander, 295 Ga. 154 (Georgia guidance on speedy trial and Barker factors)
- Jenkins v. State, 294 Ga. 506 (timeliness of recidivist/notice and related sentencing procedure)