Turner v. the State
342 Ga. App. 882
| Ga. Ct. App. | 2017Background
- Turner had a long-running dispute with Kimberly Kelley related to Kelley’s relationship with the father of Turner’s children; harassment and confrontations escalated.
- On Jan. 31, 2014, Turner returned to Kelley’s subdivision after an initial confrontation; an altercation with Tacayor Felder occurred, Turner sprayed Felder with mace, then drove away and later turned back.
- Turner bumped Kelley with her car, then accelerated in a cul-de-sac and ran over a bystander (Kelley’s cousin), killing the victim.
- At trial Turner asserted the affirmative defense of accident and claimed she had been blinded by mace; she also admitted driving in a “fit of fury” and “like a bat out of hell.”
- A Douglas County jury convicted Turner of first-degree vehicular homicide (lesser included verdict of first-degree homicide by vehicle) as to the murder counts and acquitted her of aggravated assault; the trial court denied her amended motion for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree vehicular homicide (predicate: reckless driving) | Turner: evidence shows an accident; not reckless driving; blinded by mace | State: evidence (statements, eyewitnesses, prior threats, driving back at high speed toward people) supports reckless driving | Court: evidence sufficient for jury to find reckless driving and uphold conviction |
| Trial court’s refusal to charge second-degree vehicular homicide for failure to maintain lane | Turner: alternative lesser offense (failure to maintain lane) supported by evidence; trial court’s refusal was plain error | State: evidence shows more culpable reckless driving, not mere lane failure; no evidentiary basis for lesser charge | Court: no evidentiary support for lane-failure charge; refusal proper |
| Sufficiency of written vs. oral request for lesser charge | Turner: orally requested second-degree charge for lane failure at charge conference | State: written request was for speeding, not lane failure; oral request insufficient | Court: oral request does not satisfy rule, but reviewed for harmful error and found none because no evidence supported the lesser offense |
| Propriety of reviewing unrequested or amended instructions under OCGA § 5-5-24(c) | Turner: seeks reversal based on trial court’s failure to instruct on lesser included offense despite no written charge on that specific predicate | State: even under OCGA § 5-5-24(c), charge must be supported by evidence | Held: appellate review applied but no reversible error because no evidence authorized the lesser charge |
Key Cases Cited
- Evans-Glodowski v. State, 335 Ga. App. 484 (evidence viewed in light most favorable to verdict; sufficiency standard)
- Shy v. State, 309 Ga. App. 274 (manner of driving as jury question for reckless disregard)
- Wright v. State, 319 Ga. App. 723 (lesser-included charge required only when some evidence supports it)
- Otuwa v. State, 319 Ga. App. 339 (distinguishing first- and second-degree vehicular homicide by predicate traffic offense)
- Hayles v. State, 180 Ga. App. 860 (second-degree vehicular homicide is lesser included offense; request required when any evidence supports lesser offense)
- McMurtry v. State, 338 Ga. App. 622 (written request required; oral request does not satisfy mandate)
- Williams v. State, 252 Ga. App. 280 (appellate review for harmful legal error under OCGA § 5-5-24(c))
- Watkins v. State, 336 Ga. App. 145 (requested charge must be authorized by the evidence)