Thornton v. State
331 Ga. App. 191
| Ga. Ct. App. | 2015Background
- Patti Thornton was tried jointly with Walter Booth for Shell Thornton's murder; a jury acquitted both of murder but convicted Patti of conspiracy to commit murder, making false statements, and tampering with evidence; Booth was convicted only of making false statements.
- Evidence showed an extramarital relationship between Patti and Booth, numerous incriminating emails and phone calls between them, Patti's expressed desire that her husband be "gone for good," and a message that Booth had promised "it would be done before Thanksgiving."
- On the morning of the killing Patti sent her sons out of the house, ran verifiable errands, returned and discovered the victim shot; a computer from the house was later found in the victim's truck and contained Patti's emails to Booth.
- Investigators found unexplained phone calls between Patti and Booth the morning of the murder, Booth had access to a firearm and to the sedative Trazodone (which was found in the victim's blood), and a neighbor reported seeing a large truck in the area that morning.
- After investigators allowed the family back into the house, Patti allegedly found a shell casing and later the casing was recovered from household trash (inside a cut soft-drink can); this supported the tampering-with-evidence charge.
- Patti moved for a new trial arguing (inter alia) that her conspiracy conviction was inconsistent with Booth's acquittal; she also challenged sufficiency of evidence on conspiracy and tampering and alleged ineffective assistance of counsel. The trial court denied relief; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Thornton) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether conspiracy conviction must be vacated because co-conspirator was acquitted | Inconsistent verdicts require vacatur because acquittal of Booth means no conspiracy between them | Milam/Powell line forbids overturning convictions based on jury inconsistency; acquittal/conviction may reflect jury compromise or lenity | Conviction stands; inconsistent-verdict challenge rejected under Milam and federal precedent |
| Sufficiency of evidence for conspiracy | Evidence insufficient to prove tacit agreement and overt act linking Patti and Booth to murder | Emails, calls, timing, behavior, drug access, and circumstantial acts support tacit agreement and overt acts | Evidence sufficient; conviction affirmed |
| Sufficiency of evidence for tampering with evidence | No proof Patti intentionally concealed/destroyed evidence | Son's statement about Patti wanting to dispose of a casing and discovery of casing in household trash support intent and concealment | Evidence sufficient; tampering conviction affirmed |
| Ineffective assistance for failing to challenge conspiracy verdict inconsistency | Counsel ineffective for not moving to vacate based on inconsistent verdict | Motion would have been futile because law forecloses relief; failure to make meritless motion is not ineffective assistance | Claim rejected; counsel not ineffective |
Key Cases Cited
- Smith v. State, 250 Ga. 264 (recognition of inconsistency issue where co-defendant acquitted and other convicted)
- Milam v. State, 255 Ga. 560 (abolishing inconsistent-verdict rule in Georgia criminal cases; follows Powell)
- United States v. Powell, 469 U.S. 57 (federal rationale for insulating jury verdicts from inconsistency challenges)
- Dunn v. United States, 284 U.S. 390 (early Supreme Court statement that inconsistent verdicts do not mandate reversal)
- Standefer v. United States, 447 U.S. 10 (permitting conviction of aider/abettor despite acquittal of alleged principal)
- Turner v. State, 283 Ga. 17 (explaining imprudence of speculating about jury reasons for inconsistent verdicts)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- United States v. Andrews, 850 F.2d 1557 (Eleventh Circuit upholding lone-conspirator convictions when others acquitted)
- United States v. Church, 955 F.2d 688 (same principle applied by Eleventh Circuit)
- United States v. Valles-Valencia, 823 F.2d 381 (Ninth Circuit treating convictions of lone conspirator as valid)
- United States v. Hughes Aircraft Co., 20 F.3d 974 (Ninth Circuit following Valles-Valencia)
- United States v. Collins, 412 F.3d 515 (Fourth Circuit declining reversal when co-conspirator acquitted)