Willis v. State
304 Ga. 122
| Ga. | 2018Background
- Victim's partially nude body was found in a tire-company parking lot where Willis often slept and sometimes worked; cause of death: blunt force trauma and ligature strangulation.
- Willis was seen near the cordoned crime scene twice the evening the body was found; he later provided identification and denied knowing the victim.
- Police obtained a blood sample (pursuant to warrant) years earlier; later DNA technology matched Willis to biological material on the victim.
- At trial, similar-transaction evidence showed Willis had committed prior sexual assaults in motor vehicles at or near the same parking lot. Willis claimed consensual sex with the victim days earlier and denied killing her.
- Willis was convicted of murder, rape, and related counts; he appealed, arguing the trial court improperly expressed an opinion by referring to the place where the body was found as the "scene of the crime," in violation of OCGA § 17-8-57.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judge's statement calling the location where the body was found the "scene of the crime" violated OCGA § 17-8-57 | The State: the wording did not express an opinion about what was proved and was permissible descriptive usage | Willis: the comment amounted to the judge expressing an opinion on a contested fact (where the crimes occurred), requiring reversal under the former statute | The Court: the phrase could be read as the judge expressing an opinion on a disputed fact, so it violated the statute |
| Which version of OCGA § 17-8-57 governs appellate review (former automatic-reversal rule vs. 2015 amendment requiring timely objection and plain-error review) | The State: the amended statute is procedural and should apply retroactively to this appeal | Willis: the earlier mandatory-reversal rule controlled because it was the law at trial | The Court: the 2015 amendment addresses appellate review and is procedural; it applies retroactively to this appeal |
| Whether Willis preserved the objection and, if not, whether plain error exists under OCGA § 17-8-57(b) | Willis: even with no timely objection, the trial court's comment warrants reversal | The State: no timely objection; if amended statute applies, appellant must show plain error affecting substantive rights | The Court: Willis failed to show plain error given overwhelming evidence of guilt; no reversal |
| Sufficiency of the evidence to support convictions | N/A (court reviews sufficiency sua sponte) | Willis argued innocence and alternate hypotheses at trial | The Court: evidence (DNA, similar transactions, witnesses, location ties) was sufficient to sustain convictions under Jackson v. Virginia standard |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence)
- Manning v. State, 303 Ga. 723 (deference to jury on credibility and weight of evidence)
- Sauerwein v. State, 280 Ga. 438 (no violation where judge commented on an undisputed fact)
- Rouse v. State, 296 Ga. 213 (judicial comments suggesting venue or facts in dispute violate § 17-8-57)
- Pyatt v. State, 298 Ga. 742 (discusses retroactive application of procedural statutory changes regarding appellate review)
- Quiller v. State, 338 Ga. App. 206 (Court of Appeals decision applying amended § 17-8-57 retroactively)
- State v. Kelly, 290 Ga. 29 (plain-error standard for jury-instruction errors)
- Shaw v. State, 292 Ga. 871 (plain-error discussion in jury-instruction context)