Tiller v. State
314 Ga. App. 472
Ga. Ct. App.2012Background
- Tiller was convicted of aggravated assault, battery, and possession of a firearm by a convicted felon in Georgia.
- The State's evidence showed Tiller confronted the victim in a convenience store and fired at him after the victim declined to outside.
- The victim testified Tiller shot at him three to four times and struck him in the eye, causing swelling.
- A friend of Tiller and an eyewitness at the fast-food location corroborated that Tiller fired a gun; a drive-through employee witnessed gunfire but did not see the shooter clearly.
- Defense challenged the sufficiency of the evidence and the battery charge; trial court instructions and an ineffective-assistance claim were raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of aggravated assault evidence | Tiller argues insufficient evidence supports aggravated assault. | State asserts victim testified to seeing gunfire directed at him. | Sufficient evidence supports aggravated assault. |
| Sufficiency of battery evidence | Tiller argues no visible bodily harm evidence was produced. | State contends victim's eye swelling satisfies visible bodily harm. | Visible bodily harm supported battery conviction. |
| Battery charge error and cure | Indictment charged one method; trial court charged another. | Defense claims due process violation; but limiting instructions cured error. | No reversible error; instructions cured potential due process issue. |
| Ineffective assistance for not charging reckless conduct | Counsel should have requested reckless-conduct instruction. | No evidence of negligent gun use; reckless-conduct instruction unwarranted. | No merit; no ineffective assistance. |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (2004) (sufficiency standard under Jackson v. Virginia)
- Bautista v. State, 305 Ga.App. 210 (2010) (application of Jackson v. Virginia framework)
- Moe v. State, 297 Ga.App. 270 (2009) (weight of evidence governs; sufficiency defense)
- Seritt v. State, 237 Ga.App. 665 (1999) (visible bodily harm sufficiency in battery cases)
- Adams v. State, 312 Ga.App. 570 (2011) (limits of trial-judge battery charge guidance)
- Smith v. State, 313 Ga.App. 170 (2011) (limiting instructions cure due-process concerns)
- Wallin v. State, 305 Ga.App. 663 (2010) (plain-error framework for jury instructions)
- Mitchell v. State, 283 Ga. 341 (2008) (indictment-aligned charge applicability)
- Mahoney v. State, 296 Ga.App. 570 (2009) (lesser-included offenses when evidence insufficient)
- Alvarado, 260 Ga. 563 (1990) (requirement to charge lesser offense when evidence supports)
- Anderson v. State, 264 Ga.App. 362 (2003) (evidence-based decisions on lesser-included offenses)
- Cain v. State, 288 Ga. App. 535 (2007) (reckless-conduct charge when negligent firing not shown)
- Shaw v. State, 238 Ga.App. 757 (1999) (evidence of shooting into air; warranted considerations)
- Wallin v. State, 305 Ga.App. 663 (2010) (due process and limiting instructions)