Wilson v. State
297 Ga. 86
| Ga. | 2015Background
- Child born June 2004 with controlled asthma went to live with appellant Andrea Wilson and her boyfriend/corefendant Corey Brown in March 2006.
- On Jan. 16, 2007 the child was found unresponsive; transported to hospital and died despite resuscitation.
- Medical examiner diagnosed battered child syndrome: ~200 non-accidental injuries at various healing stages (brain blunt force trauma, bruised kidneys, necrotic toe from immersion burn, bruised/swollen genitalia), malnourishment and ketones consistent with starvation.
- Wilson admitted she and Brown hit the child (claimed she hit limbs with a switch/wet washcloth; Brown hit back and used a belt), observed many injuries, and did not seek medical care. She also told police she believed the child was possessed and used prayer oil.
- Indicted on malice murder, felony murder, and first-degree cruelty; acquitted of malice murder but convicted of two counts of felony murder and two counts of cruelty; ultimately sentenced to life without parole (one merged felony murder) plus concurrent 20-year terms for cruelty.
Issues
| Issue | Wilson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (proximate cause) | Evidence insufficient because no single act by Wilson was shown to have caused death | Totality of chronic and acute injuries proximately caused death; caretakers' conduct and failure to seek care foreseeably led to death | Affirmed: evidence sufficient—totality of injuries constituted proximate cause |
| Ineffective assistance for failing to object to Brown’s custodial statements (hearsay/Confrontation Clause) | Counsel deficient for not objecting to inculpatory custodial statements of co-defendant | Even if objectionable, Brown’s statements were cumulative of Wilson’s own admissions and testimony; no prejudice shown | Affirmed: no prejudice, so claim fails |
Key Cases Cited
- State v. Jackson, 287 Ga. 646 (proximate causation for felony murder; liability for foreseeable results absent independent unforeseen intervening cause)
- Davis v. State, 290 Ga. 757 (consider felony elements in actual circumstances of commission)
- Currier v. State, 294 Ga. 392 (discussing proximate causation and foreseeability in felony murder context)
- Pruitt v. State, 282 Ga. 30 (standard for ineffective assistance claims; two-prong Strickland framework)
- Wright v. State, 291 Ga. 869 (if one Strickland prong fails, no need to address the other)
- Jackson v. State, 288 Ga. 213 (failure to object to cumulative evidence does not establish ineffective assistance)