Williams v. State
291 Ga. 19
| Ga. | 2012Background
- Williams fatally shot Jone Cheung during an attempted armed robbery of Cheung's restaurant on May 30, 2009.
- He was indicted in August 2009 for malice murder, felony murder, and possession of a firearm during a crime.
- In Oct. 2010, Williams moved to strike OCGA § 16-15-1(d) as unconstitutional under federal and Georgia constitutions.
- On Jan. 4, 2011, he pled guilty to all charges and a sentencing hearing followed the same day.
- The court allowed a trauma social worker to testify about Williams's untreated childhood trauma and admitted the victim’s family and friends' statements; Williams's prior juvenile record was admitted by the State.
- The court sentenced Williams to life without parole for malice murder and five years for the firearm offense, to be served consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of OCGA § 16-5-1(d) as applied | Williams argues the statute provides no guidance for sentencing or mitigating evidence, inviting arbitrary application. | State contends the legislature defines penalties, with no requirement for individualized sentencing in non-death cases. | Statute constitutional as applied; due process not violated. |
| Cruel and unusual punishment for a young adult offender | Williams claims life without parole for a 20-year-old homicide offender is cruel and unusual. | Graham v. Florida limits on juveniles; here Williams was an adult when crime committed, so no prohibition applies. | No cruel and unusual punishment; allowed for adult homicide. |
Key Cases Cited
- Isom v. State, 261 Ga. 596 (1991) (no requirement for individualized sentencing outside death-penalty context; mitigating evidence may be admitted)
- Ortiz v. State, 266 Ga. 752 (1996) (mitigating factors not required for non-death sentences; parole considerations separate)
- Harmelin v. Michigan, 501 U.S. 957 (1991) (no requirement for individualized determination for life without parole)
- Graham v. Florida, 560 U.S. 48 (2010) (juvenile non-homicide sentence limits; not applicable to adult homicide)
- Gandy v. State, 290 Ga. 166 (2011) (twenty-year-old sentenced to life with parole eligibility does not constitute cruel punishment)
- Fleming v. Zant, 259 Ga. 687 (1989) (state constitution no inherent cruel punishment for life without parole when applied to adults)