Williams v. State
299 Ga. 632
| Ga. | 2016Background
- Allan Ray Williams was indicted for multiple crimes including felony murder, alleged to have caused the death of infant Collen Durden while committing the felony of "contributing to the deprivation or delinquency of a minor" under OCGA § 16-12-1.
- The felony murder count charged that Williams caused the child’s death while committing the deprivation offense by willfully failing to care for the child, resulting in asphyxiation.
- Williams filed a general demurrer arguing that OCGA § 16-12-1 (the deprivation statute) provides an exclusive criminal and sentencing scheme for deaths resulting from contributing to a minor’s deprivation, and thus cannot serve as a predicate felony for felony murder.
- The trial court denied the demurrer; Williams appealed interlocutorily to the Georgia Supreme Court.
- The Court reviewed statutory text and legislative sequencing de novo and considered whether the deprivation statute, enacted after the felony murder statute and containing its own death-related felony and sentencing scheme, is a proper predicate for felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 16-12-1 (felony contributing to deprivation of a minor) may be used as a predicate felony for felony murder | Williams: No; § 16-12-1 creates a specific offense and sentencing scheme for deaths and thus precludes use as a felony-murder predicate | State: Yes; felony deprivation can serve as the underlying felony for felony murder (relying on precedent) | The Court held: No; § 16-12-1(d.1)/(e) cannot be a predicate for felony murder because it specifically criminalizes and prescribes sentencing for deaths resulting from deprivation, displacing the general felony-murder scheme |
Key Cases Cited
- Hankla v. Postell, 293 Ga. 692 (interpretation of statutes reviewed de novo)
- Deal v. Coleman, 294 Ga. 170 (statutory construction principles and plain-meaning rule)
- State v. Tiraboschi, 269 Ga. 812 (distinguishable precedent about predicates for felony murder)
- Wright v. Robinson, 262 Ga. 844 (later-enacted statutes carry greater weight)
- State v. Nankervis, 295 Ga. 406 (specific statute prevails over general statute)
- Woods v. State, 279 Ga. 28 (special penal statutes displace general penal provisions)
- Chapman v. State, 266 Ga. 356 (purpose of felony murder as deterrent to felonies that foreseeably risk death)
- State v. Slaughter, 289 Ga. 344 (cannot use a felony both as an element and to enhance punishment without eviscerating statutory scheme)