A jury convicted appellant Tony Rucker of malice murder in connection with the 1997 death of Linda Gail Tate, the mother of Rucker’s son.
1
Police responding to an emergency call placed by the
victim’s nine-year-old son found the victim in the back passenger seat of a car parked in front of the home she shared with appellant and their son. The boy testified that he and his parents had driven to a nearby town where he and his mother had droppеd appellant off at a pool hall. The child testified that when he and the victim returned to pick up appellant, appellant got in the driver’s seat of the car, the victim got in the back passenger seat, and aрpellant pulled a gun from his pocket. He showed it to the victim and shot her five or six times. The police chief of the town testified that he had encountered appellant in the parking lot near the pool hall just before the victim and her son had picked up appellant. The chief
1. The evidence was sufficient to authorize a rational trier of fact to conclude beyond a reasonable doubt that appellant was guilty of malice murder.
Jackson v. Virginia,
2. During voir dire, a venirеperson responded affirmatively to trial counsel’s
The decision to excuse a potential juror for cause lies within the sound discretion of the trial court.
Garland v. State,
3. Appellant contends that the trial court’s instruction on reasonable doubt, a nearly verbatim recitation of the pattern jury instruction (Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (D) (2d ed. 1997)), infringed upon appellant’s constitutionally-guaranteed due process rights by erroneously diminishing the State’s burden of proof when it stated that a “doubt of the law” authorizing acquittal of the defendant exists if the jurors’ “minds are wavering or unsettled or unsatisfied. ...”
“In state criminal trials, the Due Process Clause of the Fourteenth Amendment ‘protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which [the accused] is charged.’ ”
Cage v. Louisiana,
4. Appellant next contends that the trial court erroneously admitted allegedly inflammatory and prejudicial pre-incision autopsy photographs of the victim. According to the testimony of the medical examiner, the photos at issue depicted entry and exit wounds, one of which containеd a bra stay that had penetrated the wound as a result of the gunshot. Pre-incision photos such as the ones currently at issue which depict the location and nature of the victim’s wounds are admissible because they are relevant and material.
Williams v. State,
5. Appellant next complains that his rights to due process and a fair trial were denied by the use of a preprinted verdict form which appeared as follows:
VERDICT
We, the jury, find the defendant:
_Guilty of the offense of malice murder.
OR
_Guilty of the offense of felony murder.
OR
_Not guilty.
The jury completed the form by placing a checkmark on the uppermost line. Appellant
Prior to publication of the Court’s suggestion in
Smith,
this Court had determined that providing the jury a prеprinted verdict form was a matter of convenience and did not intimate any opinion
as to guilt or innocence if the jury clearly understood the verdict was to be based on the evidence in the case.
Jackson v. State,
6. Lastly, appellant seeks a remand in order that the trial court might conduct an evidentiary hearing on appellant’s contention that trial counsel did not render effective assistance of counsel. Present appellate counsel acknowledges that previous appellate counsel filed an amended motion for new trial asserting that trial counsel was ineffective, and bases the request for an evidentiary hearing on the grounds that present appellate counsel’s representation began after the notice of appeal was filed, and because no testimony on the issue was taken at the hearing on the motion for new trial. In its order denying appellant’s motion for new trial, the trial court addressed each of the five allegations of ineffective assistance and dеtermined that appellant had failed to carry his burden to establish that trial counsel had been deficient in representing appellant, or that the trial’s outcome would have been different. See
Smith v. State,
Remand of a case for a hearing on a claim of ineffective assistance of trial counsel is appropriate where the claim has been raised
at the earliest practicable moment by counsel other than trial counsel
(Smith v. State,
Judgment affirmed.
Notes
Ms. Tate was killed Jаnuary 16, 1997. On March 24, 1997, the Habersham County grand jury returned a true bill of indictment charging appellant with Tate’s murder. Appellant was tried before a jury December 8-10, 1997, with the jury returning its guilty verdict on December 10, and appellant being sentenced to lifе imprisonment that day. Appointed appellate counsel filed a motion for new trial on January 7, 1998, and trial counsel filed a motion for new trial on appellant’s behalf on January 13. Trial counsel subsequently with drew from reprеsentation, and appointed appellate counsel amended the motion for new trial on May 8. The amended motion for new trial was denied May 28, 1998. The notice of appeal was filed by appointed appellate counsel on June 26, a day after appellate counsel sought to withdraw from representation because appellant had filed a grievance with the State Bar of Georgia against her. The appeal was docketed in this Court on July 10, and the case was submitted for decision on the briefs, with current appellate counsel having assumed representation of appellant after previous appellate counsel was permitted to withdraw.
In
Smith,
