William Thomas Valentine, Jr., was tried by an Athens-Clarke County jury and convicted of murder and kidnapping. Following the denial of his motion for new trial, Valentine appeals, contending that
1. Viewed in the light most favorable to the verdict, the evidence shows that Valentine spent the evening of October 9,2010 with Alfred Harris and Judith Ann Miracle in Harris’s apartment, where they smoked crack cocaine and drank alcohol. Late in the evening, Miracle went to a bedroom to sleep, leaving Harris and Valentine in the living room. Miracle later awoke, started toward the bathroom, and encountered Valentine, who told her to stay in the bedroom and not to try to leave through a window. She returned to the bedroom, where she was visited several times thereafter by Valentine, who reminded her not to leave, and threatened to kill her if she did so. At some point, Valentine allowed Miracle to visit the bathroom, at which time she saw that the cover of the toilet tank was missing. Early in the morning of October 10, Valentine ordered Miracle to get dressed, took her cell phone, grabbed her by the arm, and forced her to leave the apartment with him. As they left the apartment, Miracle saw blood on the floor of the kitchen. Valentine and Miracle walked away from the apartment for about ten minutes, and during that time, Valentine warned Miracle not to run or say anything. Finally, Valentine took Miracle to his sister’s home. Valentine then went to his girlfriend’s house, where he showered and burned the clothes and boots that he had been wearing.
Also on the morning of October 10, a friend found Harris’s body on a sofa in the apartment. Harris had died as a result of severe head trauma, which apparently was caused by at least three blows to his head with a blunt object. Investigators discovered the cover of the toilet tank in a bathtub, and on the cover, they found Harris’s blood.
After Harris was killed, Valentine made incriminating statements and acted in a way that indicated a consciousness of guilt. For instance, Valentine made separate statements to his cousin and his sister indicating that he was in serious trouble. He told his sister, her husband, and his girlfriend that he thought that he had killed someone. He appeared at his sister’s house with a packed duffel bag and said that he had killed someone and would be going away for a long time. And when a neighbor asked Valentine if he had killed Harris and said that she intended to call the police, Valentine fled. In all, the evidence adduced at trial was legally sufficient to authorize a rational jury to find beyond a reasonable doubt that Valentine was guilty of the crimes of which he was convicted. Jackson v. Virginia,
2. The State called an expert witness at trial to testify about blood spatter found at the scene of the crime. This expert apparently had given an oral report of his opinions to the prosecuting attorney before the trial commenced, but the State failed to reduce that oral report to writing and to produce it to Valentine, as required by OCGA § 17-16-4 (a) (4).
3. Last, we consider whether Valentine was denied the effective assistance of counsel. Valentine complains that his lawyer was ineffective because he failed to secure a psychological evaluation of Valentine.
Putting aside whether the lawyer should have asked for a psychological evaluation, Valentine has failed to show that he was prejudiced in any way — at trial or sentencing — by the failure of his lawyer to do so. “Pursuant to Strickland, [Valentine] must offer more than speculation to establish prejudice.” Hambrick v. Brannen,
Judgments affirmed.
Notes
The crimes were committed on October 9 and 10, 2010. Valentine was indicted on November 9, 2010 and charged with malice murder, felony murder, aggravated battery, aggravated assault, kidnapping with bodily injury, and aggravated sodomy. His trial commenced on June 20, 2011, and four days later, the jury returned its verdict, finding him guilty of malice murder, felony murder, aggravated battery, and aggravated assault. As to kidnapping with bodily injury, the jury found Valentine guilty of the lesser included offense of kidnapping. The jury acquitted Valentine of aggravated sodomy. Valentine was sentenced to imprisonment for life without parole for malice murder and a consecutive term of imprisonment for twenty years without parole for kidnapping. The verdict as to felony murder was vacated by operation of law, Malcolm v. State,
The provisions of OCGA § 17-16-1 et seq. apply in this case because Valentine opted into statutory reciprocal discovery pursuant to OCGA § 17-16-2 (a).
Pursuant to OCGA § 17-16-6, a trial court may disallow evidence for the failure of the State to fulfill its obligations under OCGA § 17-16-1 etseq. to provide discovery, but only “upon a showing of prejudice and bad faith.” OCGA § 17-16-6 (emphasis added). See also Chance v. State,
In any event, Valentine “has failed to identify any testimony which was a surprise or to show that, with a continuance, he would have uncovered helpful information which he did not already know.” Norris,
Valentine also complains that his lawyer failed to secure and present expert testimony about the effects of his drug and alcohol use upon his mind at the time of his crimes. But because there is no evidence that Valentine was intoxicated involuntarily at the time of the crimes, and because voluntary intoxication is no excuse for any criminal act, “counsel is not chargeable with ineffective assistance for having failed to present a defense predicated on [Valentine’s] lack of criminal intent due to his alcohol [and drug] intoxication.” Leppla v. State,