Luallen v. State

465 S.E.2d 672, 266 Ga. 174, 96 Fulton County D. Rep. 284, 1996 Ga. LEXIS 25
CourtSupreme Court of Georgia
DecidedJanuary 22, 1996
DocketS95A1678
StatusPublished
Cited by56 cases

This text of 465 S.E.2d 672 (Luallen 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
Luallen v. State, 465 S.E.2d 672, 266 Ga. 174, 96 Fulton County D. Rep. 284, 1996 Ga. LEXIS 25 (Ga. 1996).

Opinions

Hunstein, Justice.

Mary Carolyn Luallen was found guilty of the malice murder of her 19-year-old niece, Angie Jernigan, and was sentenced to life in prison. She appeals from the denial of her motion for a new trial.1

1. Evidence was adduced from which a jury was authorized to find that Luallen, who had temporary custody of Jernigan’s infant, was upset over Jernigan’s plan to regain custody of her child. On the afternoon of July 27, 1992 Luallen met with Jernigan. While in Luallen’s car with the baby in the back seat, Luallen shot Jernigan twice [175]*175in the head with a single action revolver (which required the hammer and trigger each to be pulled back before the gun would fire). Forensic evidence established that the muzzle of the revolver was in contact with the victim’s skin for both shots. The body was placed in the trunk of the car and taken to Luallen’s home, where she placed it in the backyard and covered it with a mattress. That evening Luallen persuaded a friend to help her move the victim’s car from a parking lot near the victim’s work place to the home of the victim’s grandparents. A note purporting to be from the victim (but not in her handwriting) and claiming that she had left town was found in the car.

Expert evidence established that the victim’s body sustained post-mortem injuries in that the head had been nearly decapitated with cuts consistent with the use of a saw. A circular saw rendered inoperable by entwined bloody clothing was found on the scene. There was also evidence that the mattress covering the body and the surrounding soil had been saturated with gasoline. In the early hours of July 30, 1992, Luallen tried to remove the victim’s decomposing body from her backyard but was unable to put the body in the trunk of her car. When her husbanO returned from work, she informed him about the crime and together they went to the police, where she made two statements. In the first statement, made at 4:38 a.m., she claimed that while talking to the victim and a male friend in her backyard, she fired a warning shot in the air which hit the victim. She also told the police the weapon was under the seat in her car. After searching Luallen’s car, where blood was found in the interior and trunk, and investigating the matter more fully, police questioned Luallen again at 7:15 p.m., at which time she stated that after picking the victim up from work, she accidentally shot the victim twice in the head while retrieving the gun from the back seat of the car.

We find the evidence sufficient to enable a rational trier of fact to find Luallen guilty of murder beyond a reasonable doubt under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Luallen contends the trial court erred by denying her motion for new trial because the evidence at trial and newly discovered expert evidence established that Luallen’s statements to the police were not voluntary.

The evidence showed that at the time of her statements Luallen was taking “nerve pills” (the prescription drug Xanax), had recently sustained the loss of her teenage son in an automobile accident, and had not been sleeping well. Based on the testimony of the officer who conducted the interviews and a review of the videotaped interviews [176]*176themselves, the evidence adduced at the Jackson-Denno hearing2 authorized a finding that appellant was rational and coherent and that her statements were given knowingly and voluntarily. See Corn v. State, 240 Ga. 130 (3) (240 SE2d 694) (1977); see generally Henson v. State, 258 Ga. 600 (1) (372 SE2d 806) (1988).

As to the newly discovered evidence claim, it is well established that a defendant seeking a new trial based on newly discovered evidence must satisfy the court as to all six requirements set forth in Timberlake v. State, 246 Ga. 488, 491 (1) (271 SE2d 792) (1980). Luallen presented expert testimony that her Xanax abuse, sleep deprivation, and personal tragedies rendered her statements involuntary. However, the record establishes that defense counsel knew of her possible diminished mental capacity in that they sought and obtained her mental evaluation not only by a court-ordered psychologist but also by an expert employed by the defense. Thus, Luallen’s mental condition at the time she gave the statements was not information obtained since trial; Luallen has not shown that it was not from want of due diligence that she did not acquire this information earlier; and Luallen has not shown that the information is so material that it would have resulted in a different judgment. Luallen is not entitled to a new trial on the basis of newly discovered evidence. Timberlake v. State, supra.3

3. Luallen contends denial of her new trial motion was error because she received ineffective assistance of counsel in two regards: (a) counsel’s failure to have the two psychologists, who had evaluated her in regard to her insanity at the time of the crime and her ability to assist counsel at trial, also examine her as to the voluntariness of the statements she gave the police; and (b) counsel’s failure to introduce expert psychological evidence in mitigation.

(a) The record establishes that in regard to admission of Luallen’s statement, counsel obtained and reviewed not one but two mental evaluations of Luallen from respected psychologists, interviewed witnesses, reviewed the State’s file (which included the videotapes of Luallen’s statements) and thoroughly cross-examined witnesses during the Jackson-Denno hearing. Under the circumstances in this case, and relying on the “strong presumption” that counsel’s performance was not deficient, Smith v. Francis, 253 Ga. 782 (1) (325 SE2d 362) (1985); Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), we affirm the trial court’s ruling that trial counsel was not ineffective as asserted. See Hosick v. State, 262 Ga. [177]*177432 (1) (421 SE2d 65) (1992).

(b) At the hearing on motion for new trial, trial counsel testified that they chose to introduce mitigation evidence solely through cross-examination of a State witness who knew Luallen and could testify about the behavioral changes she had observed in Luallen since the death of her son. This decision was clearly part of counsel’s trial tactics and strategy and while it “may have been wise or unwise, [it did] not constitute ineffective assistance of counsel.” Austin v. Carter, 248 Ga. 775, 780 (285 SE2d 542) (1982).

4. Luallen contends the trial court erred by admitting her second statement because the police interrogated her after she had invoked her right to counsel during her first statement. The record reveals that when initially questioned at 4:25 a.m., Luallen was read her Miranda rights4 and invoked her right to counsel, ending the interrogation. As Luallen was being led off, she initiated a conversation about seeing the victim’s infant and indicated she would talk to the police. This first statement, begun at 4:38 a.m., was videotaped and Luallen confirmed on the tape she had reconsidered and wanted to talk, commenting “I will talk to you tonight, but I will still talk to my lawyer tomorrow.” She was read her rights again, signed a written waiver, and gave the statement.

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Bluebook (online)
465 S.E.2d 672, 266 Ga. 174, 96 Fulton County D. Rep. 284, 1996 Ga. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luallen-v-state-ga-1996.