Whitley v. State
307 Ga. App. 553
Ga. Ct. App.2011Background
- Whitley was convicted by a Cherokee County jury of aggravated assault with a deadly weapon and battery; he appeals the sufficiency of the evidence on self-defense.
- Whitley and the victim had an extended on‑again, off‑again romantic relationship and lived together in a Cherokee County motor lodge on July 22, 2007.
- During the altercation, Whitley punched the victim in the face, grabbed her by the hair, dragged her to the ground, got on top of her, and began choking her while shouting she should die.
- The victim lost consciousness; she escaped the room and another guest called 911; Whitley fled before police arrived.
- Police observed red marks on the victim’s neck, knots on her forehead, and hair‑pulling injuries; photographs were admitted at trial.
- The State charged Whitley with aggravated assault by using his hands as a deadly weapon to choke and with battery by grabbing and throwing the victim, causing substantial and visible harm; Whitley did not testify, and the court instructed the jury on self-defense; the jury rejected the defense and convicted him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on self‑defense | Whitley argues the evidence does not negate self‑defense | State argues the evidence supports rejection of self‑defense | Yes; evidence supports conviction, self‑defense not established |
| Excessive force and its effect on self‑defense | Whitley contends force was not excessive | State contends force was excessive and not justified | Yes; the force used was excessive, undermining self‑defense |
Key Cases Cited
- Holmes v. State, 273 Ga.441? 644 (Ga. 2001) (jury decides self-defense credibility and whether force used was justified)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of evidence)
- Buice v. State, 281 Ga.App. 595, 636 S.E.2d 676 (Ga. App. 2006) (evidence of prior difficulties relevant to intent and state of mind)
- Hall v. State, 292 Ga.App. 544, 664 S.E.2d 882 (Ga. App. 2008) (hands to choke can satisfy deadly weapon element of aggravated assault)
- Richards v. State, 288 Ga.App. 814, 655 S.E.2d 690 (Ga. App. 2007) (excessive force defeats self-defense)
- In the Interest of A.D., 295 Ga.App. 750, 673 S.E.2d 116 (Ga. App. 2009) (self-defense issue governed by reasonable doubt after self-defense evidence)
- Dixon v. State, 267 Ga. 136, 475 S.E.2d 633 (Ga. 1996) (similar transactions evidence probative of intent)
- In the Interest of A.M., 248 Ga.App. 241, 545 S.E.2d 688 (Ga. App. 2001) (prior difficulties evidence relevant to credibility and intent)