Jenkins v. State

498 S.E.2d 502, 269 Ga. 282
CourtSupreme Court of Georgia
DecidedFebruary 23, 1998
DocketS97P1474
StatusPublished
Cited by107 cases

This text of 498 S.E.2d 502 (Jenkins 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
Jenkins v. State, 498 S.E.2d 502, 269 Ga. 282 (Ga. 1998).

Opinions

Hunstein, Justice.

Larry L. Jenkins, Jr. was convicted of the malice murders and kidnappings with bodily injury and armed robbery of Terry and Michael Ralston, and theft of $600 in coins. The jury recommended [283]*283two death sentences for the murders, finding the following nine aggravating circumstances: the murder of Michael Ralston was committed during the commission of a kidnapping and in the commission of the murder, kidnapping, and armed robbery of Terry Ralston; the murder of Terry Ralston was committed during the commission of a kidnapping and in the commission of the murder and kidnapping of Michael Ralston; and that each murder was committed for the purpose of receiving money. OCGA § 17-10-30 (b) (2), (4). The trial court sentenced Jenkins to death and Jenkins appeals.1 We affirm.

1. The evidence adduced at trial showed that at 8:30 p.m. on January 8, 1993, Terry Ralston and her 15-year-old son Michael left their home in Ms. Ralston’s white Chevy Lumina van to drive to their family-owned laundromat in Jesup in order to collect coins from the machines and otherwise close the store. Two hours later, when they failed to return home, a family member went to the laundromat and discovered the establishment locked but only partially cleaned. The next day the bodies of Terry and Michael Ralston were found lying face down in a ditch near the railroad tracks. Michael had been shot six times from behind at close range, including once in the back of the head. His mother was shot once at the base of the skull. A piece of fresh onion was found next to the bodies. A witness residing in the vicinity where the bodies were discovered testified that she heard shots fired between 9:00 and 10:00 p.m. on January 8.

Witnesses testified that they observed Jenkins driving Ms. Ral-ston’s white van- after 10:30 p.m. on the night of January 8 as he drove around Jesup picking up some friends to go to a club. He picked up David Wilkerson at 11:30 p.m. after Wilkerson’s job shift, ended and picked up Burnies Durden shortly thereafter from an apartment where Durden had been playing cards since 5:00 p.m. Jenkins informed his friends that the van belonged to his mother. Jenkins carried a .22 Grendel magnum pistol and the van contained a duffle bag holding over $600 in quarters. Jenkins drove his friends to a [284]*284nearby town in the van where they went to a club and spent the night at a woman’s house. The next day, Jenkins discussed the incident with Durden telling him that he had robbed a laundromat and shot and killed a lady and her son with a .22 along some railroad tracks after the boy “started to buck” and the woman began screaming. Jenkins drove the van back to Jesup where he, Durden and Wilkerson placed the quarters in coin wrappers. Jeramon Campbell joined the others and, after being told by Durden about Jenkins’ admission to robbing and killing two people, asked Jenkins if it was true. Jenkins replied that he was “just kidding,” but he later showed Campbell and Durden Michael Ralston’s learner’s permit.

Thereafter, the four men drove around Jesup and tried to cash in the quarters. At one store that Campbell entered, the cashier refused the coins because some people had been robbed the night before and were missing. When questioned by Campbell about this comment, Jenkins did not answer and told Wilkerson, who was driving, to back out so the cashier could not see the van’s license plate number. The police subsequently spotted the van and pulled it over; the passengers escaped on foot, but Wilkerson turned himself in to police at a nearby police station. Rolls of quarters, a clip from a .22 automatic weapon, a sportsbag, a box of .22 cartridges and two onion peels were found in the van. Jenkins threw the murder weapon into some bushes when he ran from the van and dropped a backpack which contained $142 in quarters. When he was arrested later that day the police discovered Michael Ralston’s learner’s permit in his pocket.

Durden, Wilkerson and Campbell were interrogated separately and each gave corroborating statements about Jenkins’ actions and comments on January 8 and 9. The police were able to establish that none of the men had been with Jenkins or in the white van before 11:30 p.m. on the night of the murders. During the time Jenkins was incarcerated prior to conviction, inmate Curtis Mathis saw and heard Jenkins arguing with another prisoner. According to the inmate, Jenkins told the other prisoner that he had “already killed two [people] and it wouldn’t bother him again if he killed another one.”

The evidence adduced was sufficient to enable a rational trier of fact to find Jenkins guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Pretrial Proceedings

2. Jenkins contends the trial court erred in denying his motion to preclude the State from seeking the death penalty due to the alleged unconstitutionality of the prosecutor’s criterion for determining when to seek it. The record reflects the position of the district attor[285]*285ney to seek the death penalty in every murder case in which there is a statutory aggravating circumstance, with the exception of cases involving outrageously or wantonly vile, horrible or inhuman circumstances, OCGA § 17-10-30 (b) (7), which are evaluated individually.2 Jenkins argues that a system where a prosecutor automatically seeks the death penalty if certain statutory aggravating circumstances are present is as arbitrary and unconstitutional as a mandatory sentencing scheme. See Woodson v. North Carolina, 428 U. S. 280 (96 SC 2978, 49 LE2d 944) (1976) (statute providing for mandatory death sentence for certain crimes struck down as unconstitutional). Compare Gregg v. Georgia, 428 U. S. 153, 199 (96 SC 2909, 49 LE2d 859) (1976) (appellant claimed that exercise of prosecutorial discretion made imposition of death sentence wanton and capricious). We disagree. A prosecutor’s decision to seek the death penalty is limited by the jury’s ultimate decision to impose it. McClain v. State, 267 Ga. 378 (12) (477 SE2d 814) (1996). Jenkins has not produced any proof that the district attorney is motivated by anything other than the strength of the evidence.3

Absent facts to the contrary, it cannot be assumed that prosecutors will be motivated in their charging decision by factors other than the strength of their case and the likelihood that a jury would impose the death penalty if it convicts.

Gregg, supra, 428 U. S. at 225 (White, J., concurring). The U. S. Constitution and Georgia law authorize the death penalty for Jenkins’ crimes and Jenkins has failed to show that the prosecutor acted in an unconstitutional manner with respect to his case. Rower v. Statee, 264 Ga. 323 (2) (443 SE2d 839) (1994).

3. Jenkins contends the trial court erred in changing venue to a county tainted by prejudicial pretrial publicity. Jenkins moved for a change of venue beyond a 50-mile radius due to pretrial publicity in Wayne County.

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

Related

Stacey Humphreys v. Warden GDP
Eleventh Circuit, 2024
Brookins v. State
879 S.E.2d 466 (Supreme Court of Georgia, 2022)
Royce Robinson, Jr. v. State
Court of Appeals of Georgia, 2020
Nwakanma v. State
768 S.E.2d 503 (Supreme Court of Georgia, 2015)
Jenkins v. State
755 S.E.2d 138 (Supreme Court of Georgia, 2014)
Ledford v. State
709 S.E.2d 239 (Supreme Court of Georgia, 2011)
Humphreys v. State
694 S.E.2d 316 (Supreme Court of Georgia, 2010)
O'KELLEY v. State
670 S.E.2d 388 (Supreme Court of Georgia, 2008)
Rivera v. State
647 S.E.2d 70 (Supreme Court of Georgia, 2007)
Perkinson v. State
610 S.E.2d 533 (Supreme Court of Georgia, 2005)
Walker v. State
607 S.E.2d 912 (Court of Appeals of Georgia, 2004)
Head v. Hill
587 S.E.2d 613 (Supreme Court of Georgia, 2003)
Sallie v. State
578 S.E.2d 444 (Supreme Court of Georgia, 2003)
Williams v. State
578 S.E.2d 128 (Court of Appeals of Georgia, 2003)
Braithwaite v. State
572 S.E.2d 612 (Supreme Court of Georgia, 2002)
Terrell v. State
572 S.E.2d 595 (Supreme Court of Georgia, 2002)
Arevalo v. State
567 S.E.2d 303 (Supreme Court of Georgia, 2002)
Palmer v. State
557 S.E.2d 479 (Court of Appeals of Georgia, 2001)
Rhode v. State
552 S.E.2d 855 (Supreme Court of Georgia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
498 S.E.2d 502, 269 Ga. 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-state-ga-1998.