Young v. State
305 Ga. 92
Ga.2019Background
- Preston Young and Sharon Sylvester separated during a contentious divorce; mediation failed days before her death.
- Sylvester was found dead in her home on August 11, 2011; medical examiner ruled manual strangulation with evidence of blunt force trauma.
- Crime-scene items missing included Sylvester’s wedding ring and a photograph of Young; an empty, cut tube of antibiotic ointment was found at the scene.
- Young fled after police contacted him, was located and arrested weeks later with visible scratches on his neck, shoulders, and arms; he had purchased antibiotic ointment the day after the killing.
- Young was indicted and, after a retrial, convicted of felony murder and aggravated assault; sentenced to life for felony murder and a concurrent 20-year term for aggravated assault.
- On appeal, the Court affirmed the murder conviction but vacated the aggravated-assault conviction as it merged with the murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Young: no eyewitnesses or DNA; evidence insufficient | State: circumstantial proof—motive, flight, missing items, ointment, injuries—sufficient | Affirmed: evidence sufficient under Jackson v. Virginia |
| Merger of aggravated assault with murder | — | Young: (no claim) trial court failed to merge related offenses | Court: aggravated assault merged into murder because no deliberate interval; vacated assault conviction |
| Admissibility of post-arrest photos showing scratches | Young: 19-day-old photos irrelevant and unlinked to victim | State: scratches relevant; victim likely would have scratched attacker; ointment at scene and purchase support link | Affirmed admission as relevant; timing and lack of DNA go to weight, not admissibility |
| Jury instruction to "vote your conscience" during deadlock | Young: phrase invited jurors to consider bias or non-evidence factors | State: instruction aimed to prevent coercion and preserve honest appraisal | Held not erroneous when read in context of instructions to decide on evidence only |
| Ineffective assistance re: Bettis (divorce attorney) testimony | Young: counsel failed to object, allowing character-impugning testimony | State: counsel’s strategy to avoid highlighting testimony; most was admissible as motive | Denied: counsel’s conduct was strategic and not objectively unreasonable under Strickland |
| Prosecutorial remarks about Neosporin on scratches in closing | Young: prosecutor speculated without evidence; counsel ineffective for not objecting | State: forfeited by failure to object; remark was a permissible inference; counsel strategically avoided objection | Forfeited; no Strickland relief—strategy reasonable and remark permissible inference |
| Request for Franks hearing / motion to quash indictment | Young: arrest affidavit contained falsehoods meriting a Franks hearing and quash | State: magistrate preliminary hearing and grand jury indictment supplied independent probable cause | Denied: illegal arrest alone not grounds after indictment; no basis shown to disturb grand jury process |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Franks v. Delaware, 438 U.S. 154 (challenge to warrant affidavits)
- McClain v. State, 303 Ga. 6 (flight as evidence of consciousness of guilt)
- Plez v. State, 300 Ga. 505 (no requirement the State present specific types of evidence)
- Alvelo v. State, 290 Ga. 609 (merger doctrine for closely related injuries)
- Chapel v. State, 270 Ga. 151 (weight vs. admissibility of forensic evidence)
- Scott v. State, 302 Ga. 29 (review of jury charge as whole)