Bradshaw v. State

792 S.E.2d 672, 300 Ga. 1, 2016 Ga. LEXIS 710
CourtSupreme Court of Georgia
DecidedOctober 31, 2016
DocketS16A1070
StatusPublished
Cited by10 cases

This text of 792 S.E.2d 672 (Bradshaw v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradshaw v. State, 792 S.E.2d 672, 300 Ga. 1, 2016 Ga. LEXIS 710 (Ga. 2016).

Opinion

HUNSTEIN, Justice.

Appellant Roy Lee Bradshaw was tried and convicted of malice murder and related offenses in connection with the March 2008 beating death of Earl Gill. Bradshaw appeals,1 alleging he received ineffective assistance of counsel and arguing that the trial court erred in admitting his custodial statements at trial. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial establishes as follows. Earl Gill befriended Bradshaw, his wife Teresa, and the Morrises, Bradshaw’s co-defendants, while staying at an Econo Lodge in Milledgeville, Georgia. On March 15,2008, Gill called his drug dealer, Michael Robbins, to arrange a drug buy for himself, Bradshaw, and the Morrises, funded by the group. [2]*2Later that day, Gill drove with Robbins to a nearby Walmart to complete the drug transaction. Upon their arrival at the store, Gill gave Robbins the group’s money. Robbins then entered the store under the pretense of completing the drug deal, but he never returned. After a fruitless search for Robbins, Gill walked back to the Econo Lodge and informed Bradshaw and the Morrises that Robbins had taken their money.

Believing that Gill was in on the theft, Bradshaw and the Morrises forced Gill into the back of Bradshaw’s van and, with Teresa in the driver’s seat,2 the group proceeded to ride around town in search of the stolen money. During the search, the men periodically struck Gill and, with each unsuccessful stop, they grew angrier and more convinced that Gill had stolen their money.

Eventually, Bradshaw had Teresa pull to the side of the road after which he and the Morrises dragged Gill from the vehicle and beat him for an extended period of time, finally leaving the victim for dead. Somehow, Gill managed to regain consciousness and stumble to a nearby home. When the owners saw Gill’s extensive injuries, they took him to the hospital where he died nine days later from severe blunt force injuries to his head.

At trial, the jury heard many witnesses testify as to the numerous post-incident inculpatory statements made by Bradshaw, his wife, and the Morrises concerning their participation in Gill’s murder. Bradshaw also confessed to law enforcement that he and the Morrises beat the victim in the van and on the side of the road. Gill’s blood was found inside Bradshaw’s van, along with a bloody baseball bat and medium force velocity blood spatter, consistent with Gill being struck with a fist or bat.

1. Though Bradshaw has not enumerated the general grounds, we find that the evidence as summarized above was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that Bradshaw was guilty of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. Bradshaw contends that the trial court erred when it found his custodial statements to be freely and voluntarily given. “The trial court determines the admissibility of a defendant’s statement under the preponderance of the evidence standard considering the totality of the circumstances.” (Citation omitted.) Vergara v. State, 283 Ga. 175, 176 (657 SE2d863) (2008). “Although we defer to the trial court’s [3]*3findings of disputed facts, we review de novo the trial court’s application of the law to the facts.” Clay v. State, 290 Ga. 822, 822-823 (1) (725 SE2d 260) (2012). Additionally, we “will not disturb the trial court’s factual and credibility determinations unless they are clearly erroneous.” Wright v. State, 285 Ga. 428, 432 (677 SE2d 82) (2009).

Bradshaw spoke with law enforcement twice in one day during their investigation into Gill’s murder. In the first interview, Bradshaw was verbally read his Miranda3 warnings and, after waiving his rights, denied any involvement in the murder, causing law enforcement to end the interview. Shortly thereafter, Bradshaw realized his wife was in custody, and he decided to give a second statement. This statement, which was played for the jury, included verbal Miranda warnings and Bradshaw’s confession. After holding a Jackson-Denno4 hearing, the trial court credited the testimony of the law enforcement officers who interviewed Bradshaw and found the statements to be freely and voluntarily given without hope of benefit or fear of injury

Bradshaw claims that the trial court’s finding was erroneous because his custodial statements were not freely and voluntarily given as he was not read his Miranda rights and because he was allegedly physically assaulted by police and coerced with threats against his wife Teresa. Regarding the issues of physical assault and threats by law enforcement, these issues were raised by Bradshaw for the first time in his motion for new trial, meaning that the trial court did not have the opportunity to hear or rule upon this evidence at trial. Where an appellant “raises an issue on appeal that was not presented or ruled upon by the trial court, his argument is not preserved for review by this Court.” McClendon v. State, 299 Ga. 611, 616 (4) (A) (791 SE2d 69) (2016).

As to the remaining issues concerning whether Bradshaw was properly read his rights, we conclude that the record supports the trial court’s findings that Bradshaw’s statements were made freely and voluntarily. Bradshaw was informed of and understood his Miranda rights and, although there was no written waiver, the record clearly shows he was verbally advised of these rights. See Thomas v. State, 268 Ga. 135, 138 (8) (485 SE2d 783) (1997) (“the mere fact that there was no written waiver of Miranda rights or other written record of such waiver did not render his statement inadmissible”) (Citation omitted.). After receiving the verbal warnings, Bradshaw agreed to speak with law enforcement without an attorney, never requested to [4]*4stop the interview, was not promised a hope of benefit, and was not coerced into making his statements. Based on the totality of the circumstances, and providing the proper deference to the findings of the trial court, we find no error.

3. Finally, in two enumerations of error, Bradshaw contends that trial counsel rendered ineffective assistance for failing to file a motion to sever his trial from those of his co-defendants and for failing to fully investigate and present evidence that Bradshaw’s custodial statements to law enforcement were not given freely and voluntarily To establish ineffective assistance of counsel, a defendant must show that his counsel’s performance was professionally deficient and that, but for such deficient performance, there is a reasonable probability that the result of the trial would have been different. See Strickland v. Washington, 466 U. S. 668 (104 SCt 2052, 80 LE2d 674) (1984). “If the defendant fails to satisfy either prong of the Strickland test, this Court is not required to examine the other.” Propst v. State, 299 Ga. 557, 565 (3) (788 SE2d 484) (2016). “In reviewing the trial court’s decision, ‘(w)e accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ ” (Citation and punctuation omitted.) Wright v. State, 291 Ga.

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Bluebook (online)
792 S.E.2d 672, 300 Ga. 1, 2016 Ga. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-state-ga-2016.