Michael Jerome Williams v. State

CourtCourt of Appeals of Georgia
DecidedMay 14, 2018
DocketA18A0206
StatusPublished

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Bluebook
Michael Jerome Williams v. State, (Ga. Ct. App. 2018).

Opinion

THIRD DIVISION ELLINGTON, P. J., BETHEL, J., and SENIOR APPELLATE JUDGE PHIPPS

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules

May 14, 2018

In the Court of Appeals of Georgia A18A0206. WILLIAMS v. THE STATE.

PHIPPS, Senior Appellate Judge.

A jury convicted Michael Jerome Williams of aggravated assault based on

family violence and possession of a knife during the commission of a felony. On

appeal, Williams argues that the trial court erred in denying his motion for a directed

verdict because the evidence was insufficient to support his convictions. He also

complains of a jury instruction, contends that the trial court erred in not allowing the

voir dire of a child witness before his testimony, and claims ineffective assistance of

trial counsel. Upon review, we find no error, but we vacate Williams’s convictions

and remand the case for an evidentiary hearing on Williams’s ineffective assistance

claims. On appeal, the standard of review for denial of a motion for directed verdict is the same as that for determining the sufficiency of the evidence to support a conviction. The issue is whether, based on the evidence presented, a rational finder of fact could have found the accused guilty of the charged offenses beyond a reasonable doubt. Leaving the resolution of conflicting or contradictory testimony and the credibility of the witnesses to the jury, we construe the evidence in favor of the jury’s verdicts.

Luy v. State, 303 Ga. App. 613, 613 (694 SE2d 370) (2010) (citation and punctuation

omitted).

So viewed, the evidence shows that on July 14, 2016, Williams engaged in a

verbal argument with Veela Hughes, the mother of his three children, at Hughes’s

home. As the argument escalated, Williams’s and Hughes’s teenage son took his two

younger siblings to their grandparents’ house next door. The son then returned to the

house and started arguing with Williams. In the midst of the argument, the son went

into his bedroom in order to put on his shoes and go back to his grandparents’ house.

Hughes testified that she saw Williams put on his black work gloves, go into the

kitchen and grab a white- handled knife from the knife block, and then enter the son’s

room. Hughes grabbed her cell phone to call 911 and when she entered the son’s

room, she saw Williams standing over the son and stabbing him. The victim, in turn,

2 described that while he was in his room trying to get his shoes on, Williams entered

his bedroom with his gloves on and holding a knife with a white handle. As the

victim was bent over attempting to put on his shoes, Williams entered the room with

the knife and started “going at it” with the knife. The victim then “picked [Williams]

up and . . . slammed him onto the bed.” As the victim and Williams wrestled on the

bed, the victim sustained injuries to his head, shoulder, and forearm. Williams

retreated when he heard Hughes on the phone with the 911 dispatcher. Hughes and

the victim then walked over to his grandparents’ house, leaving Williams alone in the

house. The victim admitted to wanting to retrieve a shot gun located in his

grandparents’ house so that he could “[e]nd it” with Williams. Due to a loss of blood

from his injuries, however, the victim collapsed on the ground, lost consciousness,

and was later transported to the hospital. At trial, Hughes and Williams’s ten-year-old

son testified that a week before the July 14 incident, he saw Williams pull a knife on

the ten-year-old’s brother.

Deputy John Harvey, the first officer on the scene, made contact with Williams,

who was still inside Hughes’s residence within several minutes after Hughes’s 911

call. Williams told Deputy Harvey that he did not stab or cut the victim. Deputy

Harvey testified that he did not locate a weapon at the scene or collect blood

3 evidence, but he followed protocol in preserving the scene for the investigators.

Investigator Linda Pritchett stated that upon arrival at the residence, she located two

white-handled knifes in the knife block in the kitchen, but they appeared clean. The

knives tested negative for blood in tests conducted by the Georgia Bureau of

Investigation. During his interview with Investigator Pritchett, Williams admitted to

putting on his black work gloves during his argument with the victim in order to get

“a better grip” because he had limited use of his left hand. Dr. Kenneth Benjamin, the

treating physician at the emergency room testified that the victim’s injuries and blood

loss were consistent with a stabbing.

Based on the foregoing, a jury found Williams guilty of aggravated assault

based on family violence and possession of a knife during the commission of a

felony, and he was convicted. Trial counsel filed a timely notice of appeal from this

judgment.

1. On appeal, Williams first contends the trial court erred in denying his motion

for a directed verdict because the evidence was insufficient to support his

convictions. The crux of Williams’s argument is that based on the absence of blood

evidence on the knives located at the scene, the trial court should have granted his

4 motion for a directed verdict because there was insufficient evidence to show that he

utilized a knife during the alleged assault. We disagree.

“A person commits the offense of aggravated assault when he or she assaults

. . . [w]ith a deadly weapon or with any object, device, or instrument which, when

used offensively against a person, is likely to or actually does result in serious bodily

injury[.]” OCGA § 16-5-21 (a) (2). A person commits the offense of possession of a

knife during the commission of a felony when he has on or within arm’s reach of his

person a knife having a blade three inches or longer during an armed robbery. See

OCGA § 16-11-106 (b) (1).

As we have explained, “[i]t was for the jury to determine the credibility of the

witnesses and to resolve any conflicts or inconsistencies in the evidence.” Vega v.

State, 285 Ga. 32, 33 (1) (673 SE2d 223) (2009) (punctuation and citation omitted).

Here, the jury found the victim and his description of the events to be credible when

it found Williams guilty of the charged offenses. Both the victim and Hughes testified

that Williams entered the victim’s bedroom with a knife and that the victim suffered

lacerations to his arm and head that required his hospitalization. In this case, either

the victim’s or Hughes’s testimony, standing alone, was sufficient to sustain

Williams’s convictions as alleged in the indictment. See OCGA § 24-14-8 (“The

5 testimony of a single witness is generally sufficient to establish a fact.”); Lomax v.

State, 319 Ga. App. 693, 694 (1) (738 SE2d 152) (2013) (noting that “the testimony

of the victim, standing alone, was sufficient to sustain the conviction” for aggravated

assault). See also Hartley v. State, 299 Ga. App. 534, 534-535, 537 (1) (683 SE2d

109) (2009) (affirming aggravated assault conviction where defendant brandished

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Wiley v. State
552 S.E.2d 906 (Court of Appeals of Georgia, 2001)
Vega v. State
673 S.E.2d 223 (Supreme Court of Georgia, 2009)
LUY v. State
694 S.E.2d 370 (Court of Appeals of Georgia, 2010)
Harris v. State
505 S.E.2d 239 (Court of Appeals of Georgia, 1998)
Sherrod v. State
627 S.E.2d 36 (Supreme Court of Georgia, 2006)
Mallon v. State
557 S.E.2d 409 (Court of Appeals of Georgia, 2001)
Hartley v. State
683 S.E.2d 109 (Court of Appeals of Georgia, 2009)
Mayfield v. State
578 S.E.2d 438 (Supreme Court of Georgia, 2003)
Benton v. State
568 S.E.2d 770 (Court of Appeals of Georgia, 2002)
Carter v. State
622 S.E.2d 60 (Court of Appeals of Georgia, 2005)
Williams v. Moody
697 S.E.2d 199 (Supreme Court of Georgia, 2010)
Lopez v. the State
773 S.E.2d 787 (Court of Appeals of Georgia, 2015)
Lomax v. State
738 S.E.2d 152 (Court of Appeals of Georgia, 2013)

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Michael Jerome Williams v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-jerome-williams-v-state-gactapp-2018.