Mobley v. State

455 S.E.2d 61, 265 Ga. 292
Supreme Court of Georgia·Decided March 17, 1995·No. S94P1271·Published·Cited by 74 cases

Opinions

Fletcher, Justice.

Stephen Anthony Mobley was convicted of murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a crime. The jury recommended the death penalty for the murder, finding the aggravating circumstance of armed robbery. OCGA § 17-10-30 (b) (2). The trial court sentenced Mobley to death and Mobley appeals.1 We affirm.

1. The evidence established that shortly after midnight on February 17, 1991, Mobley robbed a Hall County pizza store and shot John C. Collins, the store manager, in the back of the head with a Walther .380 semi-automatic pistol. The physical evidence from the scene was consistent with a statement Mobley later made to a cellblock inmate that Collins was on his knees when Mobley shot him. Approximately three weeks after the crimes in issue, Mobley used the pistol while robbing a dry-cleaning store, and tried to dispose of it by tossing it out his car window onto the side of a road when he realized he was being followed by an unmarked police car. The pistol was later recovered and Mobley arrested, after a high-speed chase. Mobley made statements to the police confessing to the murder of Collins and the robbery of the pizza store. In response to Mobley’s statement to police that on the night of the crimes he was en route from his residence to a family member’s home (where he was not expected) and that he robbed the pizza store because it was the only open establishment he passed, the state introduced testimony establishing that out of the three routes available to Mobley, only one passed the pizza store, and that this route exceeded by over ten miles the next shortest route to the family member’s house.

[293] When considered in the light most favorable to the verdict, we conclude that the evidence was sufficient to permit a rational trier of fact to find Mobley guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Mobley made a motion seeking funds for expert witnesses to conduct preliminary testing to determine the existence of a genetic disorder.2 Mobley based his motion on “very recently” published articles and scientific studies “that suggest a possible genetic basis for violent and impulsive behavior in certain individuals.” After reviewing the documentation submitted by Mobley, the trial court denied the motion and the motion for reconsideration, finding that the theory behind the request for funds will not have reached a scientific stage of verifiable certainty in the near future and that Mobley could not show that such a stage will ever be reached. See Harper v. State, 249 Ga. 519, 525-526 (1) (292 SE2d 389) (1982). Compare Caldwell v. State, 260 Ga. 278 (1) (393 SE2d 436) (1990). Additionally, the trial court correctly assumed that evidence in mitigation in the sentencing phase of a capital case “may not have to have reached a scientific stage of verifiable certainty normally required for the introduction of scientific evidence.” See Bright v. State, 265 Ga. 265 (455 SE2d 37) (1995) (“the determination whether expert assistance is required at the penalty phase requires consideration of a different set of factors than the determination whether expert assistance is necessary at the guilt phase”). Even under this assumption, the court found that a greater showing of certainty was required than that shown by Mobley. We find no error in the trial court’s ruling. See generally Williams v. State, 251 Ga. 749, 750 (1) (312 SE2d 40) (1983) (“[i]t is for the trial court to determine whether a given scientific principle or technique is competent evidence”).

3. Mobley’s arguments regarding the trial court’s ruling as to the constitutionality of OCGA § 17-10-16, the life-without-parole statute, are without merit. See Freeman v. State, 264 Ga. 27, 28 (2) (a) (440 SE2d 181) (1994).

4. Mobley contends the trial court erred in granting the state’s 1991 motion pursuant to Sabel v. State, 248 Ga. 10 (282 SE2d 61) (1981) and OCGA § 17-7-211 for a copy of “any and all scientific reports” prepared by Mobley’s experts. We held in Rower v. State, 264 Ga. 323 (5) (443 SE2d 839) (1994), that with regard to scientific reports, “the state is entitled to only those discovery rights specifically granted to the defendant by OCGA § 17-7-211.” Id. at 325. We [294] pointed out that, consistent with discovery rights granted the defendant, the state may discover only those written reports generated by defense experts that the defense intends to introduce at trial and overruled Sabel to the extent it conflicted with this holding. Id. Although Rower was decided after Mobley’s case was tried, because Mobley’s appeal was “in the pipeline,” see Taylor v. State, 262 Ga. 584 (2) (b) (422 SE2d 430) (1992), the Rower rule applies, id., and there was error. See Thornton v. State, 264 Ga. 563 (16) (449 SE2d 98) (1994).

However, it is an old and sound rule that error to be reversible must be harmful. Dill v. State, 222 Ga. 793 (1) (152 SE2d 741) (1966). Mobley does not assert, nor does the record reflect, that Mobley was required to provide or did in fact provide the state with any scientific reports in violation of the Rower rule. Accordingly, because Mobley cannot show that harm resulted from the error, reversal is not required.

5. Mobley’s enumeration nos. 20 and 21 are controlled adversely to him by our previous decision in his case. See Mobley v. State, 262 Ga. 808 (1), (3) (426 SE2d 150) (1993) (“Mobley I”).

6. In Mobley I, this court held that Mobley failed to prove that Latinos are underrepresented on jury lists in Hall County. Id. at 810. Upon return of the remittitur, Mobley again filed motions challenging the grand jury composition and seeking to quash the indictment, and also, in a motion that complied with this court’s holding in Roseboro v. State, 258 Ga. 39 (3) (d) (365 SE2d 115) (1988), sought funds for an expert witness to conduct a study to prove the alleged underrepre-sentation of Latinos on Hall County jury lists.

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

Mobley v. State, 455 S.E.2d 61, 265 Ga. 292 (Ga. 1995).

455 S.E.2d 61 (Mobley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Cook v. State
870 S.E.2d 758 (Supreme Court of Georgia, 2022)
David Anthony Carr v. State
Court of Appeals of Georgia, 2022
Daniel Adam Delevan v. State
Court of Appeals of Georgia, 2018
Delevan v. State
811 S.E.2d 71 (Court of Appeals of Georgia, 2018)
COHEN Et Al. v. ROGERS
789 S.E.2d 352 (Court of Appeals of Georgia, 2016)
Sutton v. the State
785 S.E.2d 421 (Court of Appeals of Georgia, 2016)
Martin v. State
779 S.E.2d 342 (Supreme Court of Georgia, 2015)
Daniel W. Taylor v. State
Court of Appeals of Georgia, 2014
Taylor v. State
761 S.E.2d 426 (Court of Appeals of Georgia, 2014)
Sears v. Humphrey
751 S.E.2d 365 (Supreme Court of Georgia, 2013)
Glean v. State
684 S.E.2d 615 (Supreme Court of Georgia, 2009)
Schofield v. Cook
663 S.E.2d 221 (Supreme Court of Georgia, 2008)
Walker v. State
653 S.E.2d 439 (Supreme Court of Georgia, 2007)
Tollette v. State
621 S.E.2d 742 (Supreme Court of Georgia, 2005)
Gonzalez v. Secretary for the Department of Corrections
366 F.3d 1253 (Eleventh Circuit, 2004)
Smith v. State
571 S.E.2d 740 (Supreme Court of Georgia, 2002)
Arevalo v. State
567 S.E.2d 303 (Supreme Court of Georgia, 2002)
Hammond v. State
565 S.E.2d 873 (Court of Appeals of Georgia, 2002)
Mobley v. Head
267 F.3d 1312 (Eleventh Circuit, 2001)