Huber v. State

901 S.E.2d 149, 319 Ga. 78
CourtSupreme Court of Georgia
DecidedApril 30, 2024
DocketS24A0170
StatusPublished
Cited by2 cases

This text of 901 S.E.2d 149 (Huber 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
Huber v. State, 901 S.E.2d 149, 319 Ga. 78 (Ga. 2024).

Opinion

319 Ga. 78 FINAL COPY

S24A0170. HUBER v. THE STATE.

MCMILLIAN, Justice.

Appellant Andrew Thomas Huber was convicted of felony

murder predicated on aggravated assault in relation to the shooting

death of Daniel Raburn.1 On appeal, Huber argues that the evidence

was insufficient to support his felony murder conviction, his trial

counsel rendered ineffective assistance on various grounds, and the

1 Raburn died on July 3, 2020. On May 28, 2021, a Laurens County grand

jury indicted Huber, as a party to the crimes, for malice murder (Count 1), felony murder predicated on aggravated assault (Count 2), and three counts of aggravated assault against Raburn (Counts 3-5). Huber’s accomplices Thomas Wayne Harper and Brandilee Nicole Woodard-Brady were separately indicted on the same charges. Prior to Huber’s trial, Harper was tried and convicted of voluntary manslaughter and aggravated assault, and Woodard-Brady entered a guilty plea to voluntary manslaughter. At a trial from October 4 through 7, 2022, a jury found Huber not guilty of malice murder but guilty of all the remaining counts against him. The trial court sentenced Huber to life in prison without the possibility of parole for felony murder; the aggravated assault counts were merged for sentencing purposes. Huber filed a timely motion for new trial on October 28, 2022, which was thrice amended by new counsel on May 8, May 31, and June 9, 2023. Following a hearing on May 30, 2023, the trial court denied Huber’s motion for new trial, as amended, on August 3, 2023. Huber filed a timely notice of appeal on August 24, 2023, and the case was docketed to the term of this Court beginning in December 2023 and thereafter submitted for a decision on the briefs. trial court committed plain error in instructing the jury on simple

assault and voluntary manslaughter. For the reasons that follow, we

affirm.

Viewed in the light most favorable to the jury’s verdict, the

evidence at trial showed that Huber had been friends with Brandilee

Woodard-Brady for many years and was temporarily living with her

and her fiancé, Raburn. Raburn and Woodard-Brady’s relationship

was “rocky” and “toxic,” and she had previously gotten a temporary

protective order against him but later had it rescinded. Thomas

Harper was a mutual friend of Huber and Woodard-Brady, and

Harper had also occasionally spent time with Raburn but “didn’t

really know” him. On July 4, 2020, law enforcement officers arrived

at Raburn and Woodard-Brady’s house for a welfare check, where

officers found Raburn’s body lying in the yard with multiple

lacerations and abrasions and a gunshot wound to the head. Police

contacted Woodard-Brady that same day and questioned her at the

police station.

At the interview, Woodard-Brady told police that she “didn’t

2 know what had happened.” Detectives later questioned Woodard-

Brady again at her sister’s house, and at that point, she admitted

that she knew Huber and Harper had beat up Raburn but said “they

wasn’t supposed to kill him.” After Woodard-Brady was arrested,

she asked to speak to a detective again, and at that point, she

admitted that she had asked Huber and Harper over to the house to

“beat [Raburn’s] a**.” When police arrested Harper, they found a

gun at his residence, and Harper admitted at trial that he shot

Raburn with it. And when police arrested Huber and processed his

car, they found bloody clothes behind a speaker, and he admitted

that the bloody clothes were the clothes he was wearing when

Raburn was shot. DNA analysis revealed that the blood on Huber’s

clothes belonged to Raburn.

At trial, Woodard-Brady testified that on July 3, 2020, she and

Raburn got into a verbal altercation at their home and he pushed

her, so she texted Huber, “[b]eat his a**,” after which, Huber and

Harper came to the house. According to Woodard-Brady, she

remained in the house, but she saw Huber and Harper pull up,

3 heard “noises,” and “figured that [Huber and Harper] were beating

[Raburn] up.” She also stated that though she called Huber and

Harper over to beat up Raburn, she “wasn’t expecting them to go to

that extreme.” She testified that after the beating, she went outside

long enough to see Raburn lying on the ground and that “I thought

he had just — that he was either knocked out or passed out, I did

not know that he had been shot and killed.” She testified that after

Huber and Harper left, she also left and went to a friend’s house to

stay the night and that she never checked on Raburn or called 911.

According to her friend, when Woodard-Brady arrived, Woodard-

Brady immediately began drinking tequila from the bottle and

asked her friend to punch her in the face so that she had an alibi.

Woodard-Brady also admitted on direct examination that she had

pleaded guilty to voluntary manslaughter in relation to Raburn’s

death. On cross-examination, Huber’s counsel elicited testimony

from Woodard-Brady that she regularly abused alcohol and drugs,

and that her “story changed each time” she talked to the police.

Harper testified that Woodard-Brady never contacted him to

4 come over and beat up Raburn. According to Harper, when he and

Huber arrived at Raburn and Woodard-Brady’s house, Raburn was

holding a wrench and Huber got out of the car and “exchanged

words” with Raburn before Raburn told Huber to “get that n****r

out of his yard,” which angered Harper, who exited the car. Raburn

then dropped the wrench and “got into an altercation” with Huber,

and the two men fought on the ground before Raburn got up,

“rushed” Harper, and tackled him, causing Harper’s gun to fall out

of his pocket. Harper said that he and Raburn then fought with each

other and “tussled over the gun” before Harper gained control of it

and shot Raburn as Raburn continued to hurl racial slurs at Harper;

Huber then drove Harper away. Harper further testified that

although Harper shot Raburn, Harper did not cause any other

“lacerations” or “indentations” on Raburn’s head, so Huber must

have caused those injuries.

Huber also testified at trial. According to Huber, on July 3,

Woodard-Brady texted him that Raburn was “acting unusual,” so he

told her he would come by and “check on them.” Huber drove Harper

5 to the house, and they went inside to speak with Woodard-Brady

before Huber walked back outside to talk to Raburn; Huber

described Raburn as “fine.” So, Huber went back inside, where he

saw Woodard-Brady and Harper kissing. Huber and Harper then

left, but later that day, Woodard-Brady called Huber, crying,

causing Huber to drive back to the house with Harper.

According to Huber, when he and Harper arrived back at the

house, Raburn was sitting in his car drinking a beer, and after he

saw them pull up, he got out of his car while holding a tire iron and

at one point, yelled, “[g]et that n****r out of my yard.” Huber and

Harper got out of Huber’s car, and a verbal altercation began

between Harper and Raburn. Harper asked Raburn why he would

need the tire iron, and Raburn said he didn’t and threw it down.

Huber testified that after he noticed Raburn and Harper were

“getting more heated,” Huber approached Raburn, and Huber and

Raburn began “tussl[ing]” and “rolled around in the grass,” as

Raburn was “trying to put [Huber] in a headlock.” Huber said that

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901 S.E.2d 149, 319 Ga. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huber-v-state-ga-2024.