VANDALL v. State
290 Ga. 36
| Ga. | 2011Background
- Vandall cared for the three children of his girlfriend while she was at the hospital.
- He reported to the girlfriend that Bryson was having a seizure and then stopped breathing; 911 was called and Bryson was pronounced dead after arrival at the hospital.
- Initial and follow-up statements by Vandall described pulling Bryson and squeezing him, claiming the child went limp after a forceful movement.
- Medical examiner testified Bryson bled internally from a broken back, a fracture requiring substantial force, not attributable to holding during a seizure, and noted a prior kidney injury not causally significant to death.
- The jury convicted Vandall of malice murder and felony murder; the trial court sentenced him to life imprisonment on the malice murder count and vacated the felony murder conviction by operation of law.
- Vandall challenged the cross-examination of the lead investigator and a pretrial-ordered reference to outstanding warrants, arguing mistrial was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cross-examination conduct impact | Vandall argues the court improperly interrupted and curtailed cross-examination of the lead investigator. | Vandall contends the interruptions prejudiced his ability to impeach the witness. | No reversible error; cross-examination was not deprived and no abuse of discretion. |
| Mistrial remedy for cross-exam impact | Vandall asserts the interruptions warranted a mistrial to preserve fairness. | State maintains the court's handling was adequate and did not force a mistrial. | Denied; mistrial not required; sufficient curative instructions and fairness preserved. |
| Pretrial reference to outstanding warrants | Vandall seeks mistrial due to improper questioning about warrants. | State concedes error but argues curative instruction cured prejudice. | Denied; curative instruction to disregard the question was sufficient. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard: rational juror could find guilt beyond reasonable doubt)
- Shields v. State, 272 Ga. 32 (Ga. 2000) (trial court's examination not reversible error absent expressed opinion on facts)
- Brown v. State, 268 Ga. 455 (Ga. 1997) (curative instruction can remedy prejudice from improper evidence)
- Height v. State, 281 Ga. 727 (Ga. 2007) (curative instruction regarding prior conduct evidence)
- Stanley v. State, 250 Ga. 3 (Ga. 1982) (mistrial standard: appellate review deferential unless essential to fair trial)