Wright v. State
327 Ga. App. 451
Ga. Ct. App.2014Background
- Wright was convicted of Medicaid fraud after billing for services not performed.
- She argued the trial court erred by instructing the jury beyond the indictment's method of the crime.
- She admitted billing for nonperformed services to secure access to a program for recipients.
- The State introduced evidence of 15 recipients and substantial overbilling totals.
- The indictment charged Medicaid fraud under OCGA § 49-4-146.1(b)(1); the jury was given a broader fraud definition.
- The court limited the charge to the elements charged and sent the indictment to the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the jury instruction exceed the indictment's scope? | Wright asserts instruction allowed conviction by method not charged. | State contends instruction properly limited to charged elements. | No reversible error; instruction limited to indictment elements. |
| Is there a conflict with Smith decisions requiring limiting instructions? | Smith I/Smith II show potential due process concerns. | No conflict; Smith II distinguished; no due process violation here. | No conflict; not a due process violation. |
Key Cases Cited
- Stephens v. State, 255 Ga. App. 680 (Ga. App. 2002) (limiting instruction cures due process concerns when charging complete statute)
- Tiller v. State, 314 Ga. App. 472 (Ga. App. 2012) (trial court must limit to indicted theory when confusion arises)
- Smith v. State, 313 Ga. App. 170 (Ga. App. 2011) (limits on jury instruction when indictments specify a particular method)
- Smith v. State, 310 Ga. App. 418 (Ga. App. 2011) (Smith II distinguished; no broad instruction error here)