Williams v. State
299 Ga. 834
Ga.2016Background
- On July 18, 2010, Williams and co-defendant Cruz drove to an apartment after a call about a prior altercation; Cruz retrieved a gun and placed it on the car floor. Williams fired two shots from the front passenger seat, killing Hudgins and wounding Gilbert. Williams later sold a handgun recovered and ballistics linked it to the fatal wound. Williams surrendered weeks later and gave a recorded statement admitting he fired two shots and left.
- Williams was indicted for malice murder, felony murder (vacated), aggravated assault, two counts of possession of a firearm during commission of a crime, and possession of a firearm by a convicted felon; convicted on most counts and sentenced to life plus consecutive terms.
- At trial Williams testified and mentioned surrendering to his parole officer; the State sought to cross-examine and introduce certified convictions (2007 terroristic threats; 2009 theft by taking).
- Trial court allowed cross-examination and admission of certified copies after finding the door opened by Williams’s testimony; the court did not make an on-the-record balancing finding required by former OCGA § 24-9-84.1 for admission of felony-conviction impeachment evidence.
- On appeal the Georgia Supreme Court held that cross-examination about the theft conviction (the parole-related offense) was proper, but admission of the terroristic-threats conviction was improper because the court failed to perform the statutory probative-vs.-prejudicial balancing and the State had not sought admission under the impeachment statute at trial for that conviction.
- Because the terroristic-threats conviction was improperly admitted and the error was not harmless given the credible defense, the Court reversed and granted a new trial; other alleged errors were not addressed as likely not to recur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior convictions on cross-examination | State: convictions rebut peaceful character and relate to justification/self-defense; admissible to show propensity to commit charged crimes or to rebut defense | Williams: his testimony did not place character in issue; reference to parole only permits limited inquiry to the parole-related conviction; admission of terroristic threats was improper and unduly prejudicial | Cross-examination about the theft conviction (parole offense) was proper; admission of the terroristic-threats conviction was improper because court failed to perform required statutory balancing and State did not rely on impeachment statute at trial; reversal and new trial granted |
| Whether the court complied with former OCGA § 24-9-84.1 balancing requirement | State: initially argued balancing test supported admission, later argued character was opened | Williams: trial court made no on-the-record finding that probative value substantially outweighed prejudice as required | Court held trial court did not make required balancing finding for terroristic-threats conviction admission; cannot be deemed waived because State did not admit it under the impeachment statute at trial |
| Sufficiency of the evidence to support convictions | N/A | Williams did not challenge sufficiency on appeal | Court conducted Jackson v. Virginia review and found evidence legally sufficient to support convictions |
| Harmlessness of the erroneous admission | State: error was harmless given the evidence | Williams: error prejudiced him given his credible justification defense | Court found error not harmless and ordered new trial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Morgan v. State, 275 Ga. 222 (2002) (testimony about parole does not place character in issue but permits cross-exam on parole-related conviction)
- Jones v. State, 257 Ga. 753 (party entitled to thorough cross-examination on matters raised in testimony)
- Clay v. State, 290 Ga. 822 (trial court must determine probative value substantially outweighs prejudice for felony-conviction impeachment under former OCGA § 24-9-84.1)
- Brooks v. State, 285 Ga. 246 (if defendant testifies, State may introduce felony convictions if court finds probative value substantially outweighs prejudice)
- Collier v. State, 288 Ga. 756 (discusses impeachment and evidentiary rules)
- Quiroz v. State, 291 Ga. App. 423 (prior authority addressing trial court's duty regarding prior-conviction evidence)