Waye v. State
326 Ga. App. 202
Ga. Ct. App.2014Background
- In 2008 Waye was convicted of aggravated assault for slashing a victim’s neck during a drug-related encounter; photo and victim testimony supported injury. Waye testified he acted in self‑defense.
- Trial court allowed impeachment cross‑examination about two prior felony convictions (aggravated assault, 1987; cocaine possession, 1991) after an outside‑the‑jury hearing.
- Waye appealed, arguing (1) insufficient evidence to disprove his justification/self‑defense claim, and (2) trial court erred by admitting the prior convictions without on‑the‑record findings that probative value substantially outweighed prejudice.
- The record shows prolonged post‑conviction/pre‑appeal delay (multiple requests for transcript; appeal docketed years after sentencing); the court commented on the problematic delay but Waye raised no error from it.
- Appellate court found the evidence sufficient to support the conviction under Jackson v. Virginia standard, but remanded for the trial court to make express on‑the‑record findings regarding the older prior conviction under the Clay balancing framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to disprove self‑defense | Waye: his testimony established justification; conviction not supported beyond reasonable doubt | State: victim’s testimony, wound photo, and circumstances support conviction | Evidence sufficient; jury credibility choice upheld under Jackson standard |
| Admissibility of <10‑year prior conviction (1991 cocaine) | Waye: trial court failed to make on‑record finding that probative value substantially outweighed prejudice | State: trial court’s ruling and record reflect meaningful analysis; specific factor listing not required for <10 years | Remand for trial court to make on‑record finding whether probative value substantially outweighs prejudice (Clay factors) |
| Admissibility of >10‑year prior conviction (1987 aggravated assault) | Waye: admission required express on‑record findings of specific facts/circumstances showing probative value substantially outweighs prejudice | State: trial court excluded the 1977 but admitted 1987 and 1991 as sufficiently probative | Remand required: trial court must enter express, specific on‑the‑record findings that, in the interest of justice, probative value substantially outweighs prejudice (per Clay) |
| Post‑conviction/pre‑appeal delay | Waye: raised record of delay but alleged no specific appellate error from delay | State: not argued as reversible error | Court criticized the delay as problematic but declined relief because no specific error was asserted |
Key Cases Cited
- Clay v. State, 290 Ga. 822 (Ga. 2012) (sets five‑factor framework and requires on‑the‑record findings for admitting prior convictions; heightened specificity for convictions >10 years old)
- Morgan v. State, 290 Ga. 788 (Ga. 2012) (criticizes excessive post‑conviction/pre‑appeal delay; duty to avoid unnecessary delay)
- Reeves v. State, 288 Ga. 545 (Ga. 2010) (single witness testimony can be sufficient; credibility determinations are for the jury)
- Carter v. State, 303 Ga. App. 142 (Ga. Ct. App. 2010) (reiterates Jackson sufficiency standard and jury’s role on self‑defense)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence: evidence must be sufficient for a rational trier of fact to find guilt beyond a reasonable doubt)