Wise v. State
292 Ga. 447
Ga.2013Background
- Wise was convicted of malice murder for killing 88-year-old Mabel Berry on May 3, 2009.
- Witnesses and physical evidence showed Wise entered Berry’s home, wore Berry’s housecoat, and left after a violent beating.
- Neighbors heard screams and unusual noises; a bloodstained rock, glass, and other signs of a beating were found at the scene.
- Wise confessed to the killing during a police interview, initially blaming another person before detailing her own participation with multiple weapons.
- At trial, Wise testified that someone else, not Wise, killed Berry and threatened her into lying to neighbors and police.
- Wise was indicted in Dougherty County in 2009, convicted in 2010 of malice murder, felony murder, and aggravated assault; the felony murder conviction was vacated and aggravated assault merged, with an automatic life sentence for malice murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient for malice murder? | Wise contends the evidence fails to prove malice murder beyond reasonable doubt. | State contends the record supports a rational jury's finding of malice aforethought beyond reasonable doubt. | Yes; evidence was sufficient to sustain the verdict. |
| Was the admission of a police officer’s hearsay testimony harmless error? | Wise argues the officer’s hearsay to explain conduct was error. | State contends any error was harmless and cumulative. | Harmless error; not reversible. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence review for criminal conviction)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility resolves conflicts; appellate review)
- Harris v. State, 279 Ga. 522 (Ga. 2005) (harmless error when cumulative evidence supports verdict)
- Weems v. State, 269 Ga. 577 (Ga. 1998) (limits on admissibility of hearsay by investigating officers)