Colwell v. State

544 S.E.2d 120, 273 Ga. 634
Supreme Court of Georgia·Decided March 2, 2001·No. S00P1959·Published·Cited by 41 cases

Opinions

Benham, Chief Justice.

In 1996, Daniel Morris Colwell was charged with numerous offenses arising out of the fatal shootings of Judith and Mitchell Bell in a Sumter County store parking lot. Immediately after a jury found Colwell competent to stand trial, he pled guilty to two counts of malice murder, six counts of felony murder, two counts of aggravated assault, possession of a firearm by a convicted felon, possession of a firearm at a public gathering, and carrying a pistol without a license.1 In the sentencing trial that was convened five months after the guilty pleas were entered, a second jury found the existence of statutory aggravating circumstances beyond a reasonable doubt and [635] fixed the penalty for both of the malice murder charges and for each of the six felony murder charges at death. The trial court imposed eight death sentences in accordance with the jury’s determination. We affirm as to two of the death sentences, vacate the six convictions and death sentences for felony murder, vacate the convictions and sentences for aggravated assault, and affirm as to the remaining convictions and sentences.

1. The evidence presented at Colwell’s sentencing trial showed that Colwell, wishing to die but unable to commit suicide, formulated a plan to kill more than one person in order to secure his own execution. He put his plan in motion on July 20, 1996, when he drove to a store parking lot in Sumter County and approached Mitchell and Judith Bell as they conversed with a friend. Colwell shot Mr. Bell in the back, stood over him as he begged for his life, and shot him in the head. Colwell then shot Mrs. Bell in the head as she lay on the pavement wailing. Colwell left the Bells, got into his car, and drove to the Americus Police Department where he gave a tape-recorded confession. In the tape-recorded statement, which was played for the sentencing jury, Colwell explained that he hád purchased a handgun to commit suicide but “didn’t have the nerve to pull the trigger to [his] head.” He went on to say that he wanted to commit suicide and saw “going to the electric chair” as “a way of dying.” After Colwell’s counsel presented extensive evidence in mitigation, Colwell testified and told the jury he had committed the murders for the purpose of obtaining a death sentence and that he would kill again if he did not receive the death penalty.

After reviewing the record and transcript of this case, we conclude, with the exceptions set forth below, that the trial court correctly entered judgment on Colwell’s guilty pleas and that the evidence presented at the sentencing trial was sufficient to authorize the jury to find the existence of at least one statutory aggravating circumstance for each murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); OCGA § 17-10-30 (b) (2), (7).

2. Colwell’s counsel contends that Colwell was improperly found competent to stand trial. Where a defendant’s competence is challenged by the defense or appears to be in question at the time of trial, the Constitution of the United States requires that his or her competence be determined. Drope v. Missouri, 420 U. S. 162 (95 SC 896, 43 LE2d 103) (1975); Pate v. Robinson, 383 U. S. 375 (86 SC 836, 15 LE2d 815) (1966). The standard to be applied in making that determination is whether the defendant “is capable of understanding the nature and object of the proceedings and is capable of assisting his [or her] attorney with his [or her] defense.” Stripling v. State, 261 Ga. 1, 2 (401 SE2d 500) (1991). See OCGA § 17-7-130. The extensive evi[636] dence presented at Colwell’s competency trial supports the jury’s finding that he was competent under this standard. Furthermore, our review of the trial record confirms the soundness of the jury’s finding of competence, as it appears that Colwell participated intelligently in his trial proceedings. In fact, Colwell’s intellectual grasp of his proceedings led to his ultimate decision to allow his counsel to present a vigorous mitigation case in order to increase the likelihood of having possible death sentences affirmed on appeal.

We are mindful of the fact that Colwell likely suffered from a mental disease and was plagued by a desire to die, however, we must acknowledge, as the competency jury and the trial court also did, that Colwell clearly understood the nature and object of his proceedings and that he possessed the intellectual and communication skills necessary to participate in his own case in the manner that seemed best to him.

3. Colwell’s counsel contends that the trial court erred by denying Colwell his right to represent himself, by failing to conduct a hearing on Colwell’s competence to waive his right to counsel, and by forcing a mixed form of representation upon Colwell. We find no error.

(a) Throughout the competency and sentencing trials, Colwell and his counsel were in fundamental disagreement on the question of whether Colwell should receive the death penalty for his crimes. Fifty-five days before the competency trial, counsel filed a motion to withdraw from representation, asserting an unwillingness to serve as Colwell’s “unquestioning mouthpiece. . . Counsel withdrew the motion to withdraw ten days later. Immediately after Colwell was found competent to stand trial, the trial court informed Colwell that from that point forward he would control his own defense and permitted him to plead guilty.

A month before the sentencing trial commenced, defense counsel filed a motion to withdraw Colwell’s guilty plea. After hearing counsel’s arguments about alternative pleas that could have been entered and after the trial court again explained to Colwell that he was in control of his defense, Colwell informed the trial court that he did not wish to withdraw his guilty pleas. Counsel urged the trial court to conduct a hearing on Colwell’s competency to control his defense, but the trial court declined to do so.2

Free access — add to your briefcase to read the full text and ask questions with AI

Colwell v. State, 544 S.E.2d 120, 273 Ga. 634 (Ga. 2001).

544 S.E.2d 120 (Colwell v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Johnson v. State
885 S.E.2d 725 (Supreme Court of Georgia, 2023)
FORD v. TATE (And Vice Versa)
307 Ga. 383 (Supreme Court of Georgia, 2019)
Reginald White v. State
Court of Appeals of Georgia, 2019
White v. State
828 S.E.2d 445 (Court of Appeals of Georgia, 2019)
Willis v. State
304 Ga. 686 (Supreme Court of Georgia, 2018)
Martin v. State
779 S.E.2d 342 (Supreme Court of Georgia, 2015)
Hulett v. State
766 S.E.2d 1 (Supreme Court of Georgia, 2014)
Rice v. State
733 S.E.2d 755 (Supreme Court of Georgia, 2012)
Ledford v. State
709 S.E.2d 239 (Supreme Court of Georgia, 2011)
Perkins v. Hall
708 S.E.2d 335 (Supreme Court of Georgia, 2011)
Loyd v. State
705 S.E.2d 616 (Supreme Court of Georgia, 2011)
Tate v. State
695 S.E.2d 591 (Supreme Court of Georgia, 2010)
Humphreys v. State
694 S.E.2d 316 (Supreme Court of Georgia, 2010)
Stinski v. State
691 S.E.2d 854 (Supreme Court of Georgia, 2010)
Walker v. State
653 S.E.2d 439 (Supreme Court of Georgia, 2007)
Rivera v. State
647 S.E.2d 70 (Supreme Court of Georgia, 2007)
Williams v. State
635 S.E.2d 146 (Supreme Court of Georgia, 2006)
Lewis v. State
614 S.E.2d 779 (Supreme Court of Georgia, 2005)
Pruitt v. State
611 S.E.2d 47 (Supreme Court of Georgia, 2005)
Perkinson v. State
610 S.E.2d 533 (Supreme Court of Georgia, 2005)