Appellant Alana Johnson was convicted of one count of felony murder in connection with the October 2010 death of her three-year-old son, Shane Hurd. Johnson appeals the denial of her motion for
Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. On October 10,2010, Shane died as the result of ingesting a toxic level of methadone while he was in Johnson’s care. At approximately 4:30 p.m. on that day, Johnson called a nurse hotline to report that her son was unresponsive and had possibly ingested her prescribed methadone. On the nurse’s instructions, Johnson called 911. Emergency responders noted upon their arrival that Shane was not breathing and that his skin was blue from lack of oxygen. After unsuccessfully attempting to perform CPR, paramedics loaded him into an ambulance for transport to the hospital. Against the paramedics’ advice, Johnson declined to ride in the ambulance, opting to drive herself to the hospital, and arriving approximately 15 minutes after the ambulance arrived. Shane could not be revived and was pronounced dead at 5:35 p.m. The cause of death was determined to be a fatal dose of methadone.
Johnson gave varying accounts of the events of that afternoon in statements to emergency responders at the scene and to law enforcement officials in the hours after Shane’s death. When questioned by law enforcement at the hospital, Johnson gave conflicting answers on where the methadone bottle had been stored, whether it was capped or uncapped, and how much methadone was in it at the time Shane presumably acquired it. Johnson told an investigator that she had found Shane unresponsive at 3:00 p.m., an hour and a half before her 911 call; however, in other accounts, Johnson claimed that Shane had been alert and active until approximately fifteen minutes prior to the arrival of emergency responders. Various witnesses, including the nurse who fielded Johnson’s hotline call, emergency responders at the scene, and law enforcement officers at the hospital, testified that Johnson’s demeanor at the time was “calm,” “flat,” and unemotional, even when Shane’s death was confirmed.
1. Though Johnson contends to the contrary, the evidence was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that Johnson was guilty of felony murder predicated on second degree cruelty to children. Jackson v. Virginia,
2. Johnson contends that the trial court erred in allowing her former boyfriend, Dennis Tate, to testify that he witnessed Johnson put what he believed was a Xanax pill in Shane’s milk bottle. At the time of trial, evidence of a defendant’s prior acts toward the victim was generally admissible to prove the nature of the relationship between the defendant and the victim and to show the defendant’s motive, intent, and bent of mind in committing the alleged crime.
3. In her final enumeration, Johnson asserts that trial counsel rendered ineffective assistance in failing to object to (a) certain testimony by the medical examiner and (b) the admission of pre-autopsy photographs of the victim. To establish ineffective assistance of counsel, Johnson must show that counsel’s performance was professionally deficient and that but for such deficient performance there is a reasonable probability that the result of her trial would have been different. Strickland v. Washington,
Johnson first alleges that counsel performed deficiently in failing to object when the medical examiner testified that, of the four possible manners of death recognized for vital records purposes, Shane’s death qualified as a “homicide.” Pretermitting whether counsel should have objected to this testimony, see Medlock v. State,
Johnson also contends that counsel was ineffective in failing to object to the introduction of pre-autopsy photographs of Shane. However, this Court has routinely found it permissible for the State to introduce pre-autopsy photographs of a murder victim, even if duplicative and possibly inflammatory, for the purpose of illustrating the cause and manner of death. See, e.g., Wilcher v. State,
Judgment affirmed.
Notes
Johnson was indicted on May 31, 2011 in the Superior Court of Richmond County on two counts of felony murder, the first predicated on the unlawful administration of a controlled substance, and the second predicated on second degree cruelty to children. Following a jury trial held September 26-28, 2011, Johnson was acquitted on the first count, convicted on the second, and sentenced to life imprisonment. On September 29, 2011, Johnson filed a motion for new trial. Following the appointment of new appellate counsel, a hearing was held on the motion for new trial. On July 13, 2012, the motion was denied. On August 14, 2012, Johnson filed a motion for out-of-time appeal, which was granted the following day. On August 17, 2012, Johnson filed a notice of appeal directed to the Court of Appeals, which transferred the case to this Court. The case was docketed to the January 2013 term of this Court and thereafter submitted for decision on the briefs.
The rules for admissibility of such “prior difficulties” evidence under the new Georgia Evidence Code, effective for trials commenced on or after January 1, 2013, are codified at OCGA § 24-4-404 (b).