Thaddeus Howell v. State
330 Ga. App. 668
| Ga. Ct. App. | 2015Background
- Howell was charged in two indictments with multiple domestic violence offenses and joined for trial.
- Dec. 4, 2010: Dawn Cloud, Howell’s live-in girlfriend, reported a violent assault; he headlocked, choked, and restrained her after she attempted to call 911; police observed injuries.
- Howell admitted a fight but could not explain Cloud’s injuries; he resisted arrest and kicked a police officer, leading to taser use.
- Jan. 2012–Apr. 2012: Howell pursued a romantic relationship with Lauren Holloway, later living with her; he had a key to her residence.
- Apr. 20, 2012: Howell attacked Holloway, pushing her, striking her head with a handgun, and threatening her; police photographs documented injuries.
- Apr. 30, 2012: Howell followed Holloway, pointed a gun at her, forced her to stop, shot at her car, and continued contacting her after the incident; Holloway obtained a protective order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court reporter could testify as a rebuttal witness | Howell argues it was improper impeachment on a collateral matter | State contends testimony was permissible to show influence on testimony | Not reversible; testimony permissible and harmless |
| Whether the court reporter’s testimony deprived fairness | Testimony undermined integrity of proceedings | No prejudicial impact shown; credibility assigned by jury | No reversible error; trial court acted within discretion |
| Whether the jury instruction on deadly weapon status for a handgun was error | Handgun dangerous weapon status given by law, potentially improper | Instruction allowed jury to decide based on how weapon was used | No reversible error; evidence showed deadly weapon use; charge not prejudicial |
| Whether case No. A14A2074 should be considered redundant | N/A | N/A | Case A14A2074 dismissed as redundant |
Key Cases Cited
- Moody v. State, 279 Ga. App. 440 (Ga. App. 2006) (impeachment on collateral issue allowed when indirectly material to guilt)
- Slakman v. State, 272 Ga. 662 (Ga. 2000) (court reporter's testimony vs audiotape; limits when recording exists)
- Byrd v. State, 325 Ga. App. 24 (Ga. App. 2013) (deadly weapon use not established; ineffective assistance concerns)
- Kell v. State, 280 Ga. 669 (Ga. 2006) (witness may testify to influence or intimidate as circumstantial evidence of guilt)
- Kelly v. State, 290 Ga. 29 (Ga. 2011) (four-pronged plain-error standard for appellate review)
- Ortiz v. State, 292 Ga. App. 378 (Ga. App. 2008) (evidence of force and fear supports deadly weapon characterization)