Hames v. State

598 S.E.2d 459, 278 Ga. 182, 2004 Fulton County D. Rep. 1905, 2004 Ga. LEXIS 473
CourtSupreme Court of Georgia
DecidedJune 7, 2004
DocketS04A0489
StatusPublished
Cited by13 cases

This text of 598 S.E.2d 459 (Hames 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
Hames v. State, 598 S.E.2d 459, 278 Ga. 182, 2004 Fulton County D. Rep. 1905, 2004 Ga. LEXIS 473 (Ga. 2004).

Opinions

CARLEY, Justice.

Joshua Hames was indicted on alternative counts of malice murder, felony murder by misusing a firearm while hunting, and felony murder while in the commission of aggravated assault. The grand jury also indicted him separately for the two underlying felonies. A jury acquitted him on the counts charging malice murder, felony murder during the commission of aggravated assault, and aggravated assault. However, it found him guilty of felony murder by the misuse of a firearm and on the separate count for that offense. Merging the underlying felony into the homicide, the trial court entered judgment of conviction on the jury’s guilty verdict as to felony murder, and imposed a life sentence. Following the denial of a motion for new trial, Hames brings this appeal.1

1. Hames and his brother Sam went hunting on their parents’ land. The two separated so as to hunt on different areas. Hames spotted something which, according to his subsequent statement and testimony, he mistook for a crouching animal, such as a bobcat or wildcat. In fact, what he saw was the victim, Sam. Hames aimed at the crouching figure through the scope on his rifle and fired, killing his brother. When construed most strongly in support of the jury’s verdict, the evidence is sufficient to authorize a rational trier of fact to find Hames guilty of felony murder by the misuse of a gun while hunting. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Chapman v. State, 266 Ga. 356, 357 (1) (467 SE2d497) (1996).

2. During the execution of a search warrant, the police discovered handwriting on the wall of Hames’ bedroom. Over his objection, evidence of this writing was admitted as relevant to the existence of [183]*183a motive to kill his brother. The admission of this evidence is enumerated as error, but the jury acquitted Hames of an intentional homicide. The handwriting obviously does not relate to whether he violated OCGA § 16-11-108 (a) when he aimed and fired his gun. Under that provision, the intent to kill is irrelevant, and guilt depends upon whether the defendant used a firearm

in a manner to endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm to or endanger the safety of another person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation ....

“[T]he introduction of improper evidence that goes to motive is harmless error where there is a conviction for an offense requiring no motive. [Cit.]” Stoudemire v. State, 261 Ga. 49, 50 (3) (401 SE2d 482) (1991). Therefore, error, if any, in admission of the handwriting was harmless here.

The special concurrence misconstrues the holding in Stoudemire. This Court has cited Stoudemire for the proposition that “evidence of a defendant’s motive which is not material to his criminal liability is irrelevant and inadmissible.” Brown v. State, 270 Ga. 601, 602 (2) (512 SE2d 260) (1999). However, the dispositive issue there, as here, is whether the admission of such irrelevant and inadmissible motive evidence may be held to be “harmless error.” In that regard, Stoudemire holds that, when the accused is convicted of a crime which does not require motive, the “harmless error” principle generally applies to an enumeration which asserts the erroneous admission of evidence as to that issue.

However, the introduction in a homicide case of evidence of the existence of insurance wherein the defendant is the beneficiary where that evidence has no relevance to the charge has the enormous potential for so infecting and inflaming the trial process that fundamental fairness can be easily compromised.

Stoudemire v. State, supra at 50-51 (3). Thus, a limited exception to the “harmless error” rule exists in such cases when the State introduces irrelevant evidence of insurance. “[D]espite the fact that the introduction of motive evidence [is] harmless error,... prosecutors... undertake severe risk of reversal when attempting to inject evidence of an insurance policy without first establishing the required nexus.” Woodham v. State, 263 Ga. 580, 582 (3) (439 SE2d 471) (1993). See [184]*184also Givens v. State, 273 Ga. 818, 822 (3) (546 SE2d 509) (2001); Bryan v. State, 271 Ga. 231, 232 (2) (518 SE2d 672) (1999). Thus, we do not “abandon” Stoudemire in this felony murder case, but, consistent with its holding, apply the “harmless error” principle to the introduction of motive evidence which does not involve insurance.

3. After the homicide, Hames was interviewed and gave a statement to the police. He contends that admission of the unredacted interview at trial was erroneous. Primarily, the parts to which he objects relate to questioning about his intent and motive to kill the victim. However, the only crime which is relevant to our consideration on appeal is misuse of a firearm while hunting. As to that offense, Hames admitted intentionally firing the fatal shot. The issue for the jury was whether doing so was a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, which deviation endangered the bodily safety of the victim by consciously disregarding a substantial and unjustified risk of injury. Accordingly, even assuming that portions of the interview relating to intent and motive to kill were not admissible, any error in admitting them was harmless. Stoudemire v. State, supra at 50 (3).

The remaining portions of the interview which Hames attacks are comments by the interrogating officer which he contends were inadmissible expressions of opinion on his credibility. However, the officer was not testifying as a sworn witness in the case, and his contested statements during the interview appear to reflect only an aggressive interrogation technique designed to test the truthfulness of Hames’ denial of any intent or motive to kill. See Rowe v. State, 276 Ga. 800, 803 (2) (582 SE2d 119) (2003). That technique proved unsuccessful in shaking Hames’ story, as he continued to maintain that he fired in the belief that he was shooting a large cat. When Hames took the stand in his own defense, his testimony was consistent with his pre-trial statement. As demonstrated by the verdict acquitting him of malice murder and aggravated assault, the jury found that the State failed to carry its burden of proving beyond a reasonable doubt his intent to kill or harm his brother. Under these circumstances, if it was error to fail to delete the portion of interview wherein the officer challenged Hames’ version of the shooting, it was clearly harmless. Stoudemire v. State, supra at 50 (3). See also Rowe v. State, supra at 804 (2). Compare Holland v. State, 221 Ga. App. 821, 823 (1) (d) (472 SE2d 711) (1996).

4. The trial court denied a motion in limine to exclude additional evidence of a possible motive for murder. This ruling, if error, was likewise harmless. Stoudemire v. State, supra at 50 (3).

5. The trial court did not err by enforcing the rule of sequestration as to Hames’ father. Norman v. State, 255 Ga. 313, 316 (3) (338 SE2d 249) (1986).

[185]

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

Related

Kenneth Strickland v. State
Court of Appeals of Georgia, 2019
Richard Graves v. State
Court of Appeals of Georgia, 2013
Graves v. State
745 S.E.2d 296 (Court of Appeals of Georgia, 2013)
Butler v. State
738 S.E.2d 74 (Supreme Court of Georgia, 2013)
Sheneka Brown v. State
Court of Appeals of Georgia, 2012
Brown v. State
728 S.E.2d 778 (Court of Appeals of Georgia, 2012)
Roberts v. State
723 S.E.2d 73 (Court of Appeals of Georgia, 2012)
Henderson v. Hames
697 S.E.2d 798 (Supreme Court of Georgia, 2010)
Towry v. State
695 S.E.2d 683 (Court of Appeals of Georgia, 2010)
Axelburg v. State
669 S.E.2d 439 (Court of Appeals of Georgia, 2008)
Rojas v. State
625 S.E.2d 750 (Supreme Court of Georgia, 2006)
Hames v. State
598 S.E.2d 459 (Supreme Court of Georgia, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
598 S.E.2d 459, 278 Ga. 182, 2004 Fulton County D. Rep. 1905, 2004 Ga. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hames-v-state-ga-2004.