Price v. State
Price v. State
Opinion of the Court
Appellant George Edward Price was convicted of malice murder in connection with the shooting death of his estranged wife, Jackie Price. Appellant now contends that his statement to law enforcement should have been excluded at trial, that the trial court failed to consider his motion for new trial on the "general grounds," and that trial counsel was ineffective. Finding no error, we affirm.
Viewing the record in a light most favorable to the verdicts, the evidence adduced at trial established as follows. At the time of the murder, Appellant and the victim had been married for approximately fifteen years but were recently separated, with the victim living at the Morgan County residence of her friend Virginia Blanton. The jury learned that, though the couple had separated before, Jackie had become set on divorcing and had informed Appellant of her decision in a phone call on the evening before the murder. On the day of the murder, Blanton left the residence at approximately 11:20 a.m., while Jackie remained in bed because she reportedly felt unwell. Shortly thereafter, Appellant's conspicuously large, red van was observed in the area by neighbors who were familiar with both Appellant and his vehicle. Later that afternoon, a child stopped by the Blanton residence for a snack and discovered Jackie on the floor in a pool of blood. The jury heard testimony that, at the time her body was discovered, the victim had been dead for "quite some time" and, further, that the residence bore no signs of forced entry, burglary, or struggle. The medical examiner testified that the victim had died as a result of gunshot wounds and that the manner of death was homicide.
Appellant was subsequently questioned by law enforcement. After initially giving various vague and inconsistent accounts of the day, he ultimately admitted that he had shot his estranged wife when he visited her to discuss their marriage. Appellant accurately described details of the murder scene - including the victim's clothing, her location in the residence, and the number of times she had been shot - and his hands tested positive for gunshot residue.
1. Though not raised by Appellant as error, in accordance with this Court's standard practice in appeals of murder cases, we have reviewed the record and find that the evidence, as summarized above, was sufficient to enable a rational trier of fact to find *181Appellant guilty beyond a reasonable doubt of murder. Jackson v. Virginia,
2. Appellant first contends that his statement to law enforcement was involuntary under Georgia law and, consequently, inadmissible. Specifically, Appellant complains that an investigator suggested that she was going to personally discuss the case with "the judge," that Appellant would not see the "light of day," and, further, that Appellant's hands had tested positive for gunshot residue even though the results of that test were not yet available. These arguments are without merit.
The relevant statutory provision concerning confessions, as it existed at the time of Appellant's trial, provided that, "[t]o make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury." See former OCGA § 24-3-50 (2011). This Court has consistently interpreted the phrase "slightest hope of benefit" not in the colloquial sense, but as it is understood in the context within the statute, focusing "on promises related to reduced criminal punishment - a shorter sentence, lesser charges, or no charges at all." Brown v. State,
As for "remotest fear of injury," it is "[p]hysical or mental torture ... that prevents a confession from being admissible[.]" See Browner v. State,
"Whether a statement was made voluntarily is to be determined by assessing the totality of the circumstances." Johnson v. State,
As an initial matter, though Appellant had been advised of his Miranda
With respect to an investigator suggesting during the interview that Appellant would never "see the light of day" if he were not truthful, this, again, was an exhortation to tell the truth, not a promise of a lighter punishment. See Johnson v. State,
Finally, though Appellant was interviewed over the course of approximately six hours, he was offered food and drink, and nothing in the video suggests "excessively lengthy interrogation, physical deprivation, brutality, or other such hallmarks of coercive police activity" that would result in the remotest fear of injury. (Quotation marks and citations omitted.) Drake, 296 Ga. at 290,
3. Appellant next claims that the trial court erred by failing to consider his motion for new trial on the "general grounds." Specifically, he contends that the order denying his motion for new trial does not reflect that the trial court evaluated the credibility of the witnesses and weighed the evidence in deciding whether to exercise its discretion to grant a new trial in its role as the "thirteenth juror." See White v. State,
The order denying Appellant's motion for new trial states as follows: "The Defendant's Motion for New Trial, having regularly come on to be heard before me this day, argument of counsel for the State and the Defendant having been heard and considered, IT IS HEREBY ORDERED AND ADJUDGED that Defendant's Motion for New Trial is DENIED." While the order does not specifically reflect that the trial judge exercised its broad discretion as the *183thirteenth juror, this Court "must presume that the trial judge knew the rule as to the necessity of exercising his discretion, and that he did exercise it." Martin & Sons v. Bank of Leesburg,
Here, there is nothing to suggest that the trial court did not properly exercise its discretion. "The court did not state the incorrect standard in its order, and nothing in the record indicates that the court was unaware of its responsibility." (Citations omitted.) Allen v. State,
4. Finally, Appellant contends that trial counsel was ineffective by failing to investigate or present mitigation evidence at sentencing or to make any such argument on his behalf. To succeed on his claim, Appellant bears the heavy burden of showing "both that his counsel performed deficiently and that, but for the deficiency, there is a reasonable probability that the outcome would have been more favorable." Slaton v. State,
To prove deficient performance, one must show that his attorney performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms. Courts reviewing ineffectiveness claims must apply a strong presumption that counsel's conduct fell within the wide range of reasonable professional performance. Thus, decisions regarding trial tactics and strategy may form the basis for an ineffectiveness claim only if they were so patently unreasonable that no competent attorney would have followed such a course. If the defendant fails to satisfy either the "deficient performance" or the "prejudice" prong of the Strickland test, this Court is not required to examine the other.
(Citation omitted.) Slaton,
Though Appellant faults trial counsel for failing to conduct a mitigation investigation and speculates that there were "family members" who could have provided mitigation testimony, "he made no proffer [at the hearing on his motion for new trial] as to what a thorough investigation would have uncovered or what the essential witnesses would have said." Domingues v. State,
Judgment affirmed.
All the Justices concur.
In September 2010, a Morgan County grand jury indicted Appellant for the offenses of murder and felony murder predicated on aggravated assault with a deadly weapon. Following a jury trial conducted June 27-30, 2011, Appellant was found guilty on both counts, and, on June 30, 2011, Appellant was sentenced to life in prison without the possibility of parole for malice murder; the felony murder conviction was vacated by operation of law. Appellant filed a timely motion for new trial on July 21, 2011, which was later amended on May 23, 2018. Appellant's amended motion for new trial was heard and denied on May 23, 2018. Appellant filed his notice of appeal on June 11, 2018; this case was docketed to the August 2018 term of this Court and was submitted for a decision on the briefs.
Former OCGA §§ 24-3-50 and 24-3-51 have been carried forward in our new Evidence Code at OCGA §§ 24-8-824 and 24-8-825 without any substantive change. See Brown,
See Jackson v. Denno,
See Miranda v. Arizona,
See Wilson v. State,
Reference
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- PRICE v. The STATE.
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