Moore v. State

748 S.E.2d 419, 293 Ga. 676, 2013 Fulton County D. Rep. 2825, 2013 WL 4779552, 2013 Ga. LEXIS 637
CourtSupreme Court of Georgia
DecidedSeptember 9, 2013
DocketS13A0687
StatusPublished
Cited by17 cases

This text of 748 S.E.2d 419 (Moore 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
Moore v. State, 748 S.E.2d 419, 293 Ga. 676, 2013 Fulton County D. Rep. 2825, 2013 WL 4779552, 2013 Ga. LEXIS 637 (Ga. 2013).

Opinion

HUNSTEIN, Justice.

This case is Calvin Moore’s second appeal related to his conviction for malice murder in connection with the strangulation death of Lucious Harris, Jr. In the previous appeal, we concluded that the evidence was sufficient to support his conviction, but vacated the trial court’s judgment and remanded the case for a proper hearing on similar transaction evidence under Uniform Superior Court Rule 31.3 (B). See Moore v. State, 290 Ga. 805 (725 SE2d 290) (2012) (Moore I). On remand, the trial court concluded that the similar transaction evidence was properly admitted at trial and reinstated Moore’s judgment of conviction. Because the trial court did not abuse its discretion in concluding that the State’s evidence on the similar transaction was properly admitted at trial and none of the other enumerations of error show that the trial court committed error, we affirm.

As detailed more fully in Moore I, Moore had been living with Harris for approximately a year at the time of his death. After receiving a 911 call in the early morning hours of June 11,2004, police found Harris’s body lying on a railroad track near an abandoned street in Tift County. The police later found Moore’s latent thumb print on a metal fence rail 150 yards from where the victim’s body was found. The medical examiner determined that Harris died from crushing chest injuries associated with manual strangulation. Over Moore’s objection, the State presented evidence at trial regarding Moore’s involvement in the 1995 death of Robert Littrell, who suffered from multiple sclerosis. Moore had lived with Littrell for approximately five years, serving as his caretaker. On November 2, 1995, Moore called 911 to report that Littrell was not breathing. The chief medical examiner testified that Littrell had suffered crushing chest injuries and a throat injury consistent with manual strangulation, and a regional medical examiner testified that Littrell’s injuries were similar to the injuries suffered by the victim in this case. Although Moore was not charged at the time, he apparently was indicted for the murder of Littrell after charges were filed against him in this case. See Moore I, 290 Ga. at 806. In his defense, Moore claimed that he had inflicted Littrell’s injuries in an unsuccessful attempt to resuscitate him through CPR and presented expert testimony that there was no “hard evidence” of strangulation in the death of Littrell and that the expert could not differentiate between injuries from CPR and blunt force assaults.

After this Court vacated the judgment and remanded the case, the trial court conducted a Rule 31.3 (B) hearing at which the State [677]*677sought to demonstrate that the similar transaction evidence was admissible under Williams v. State, 261 Ga. 640 (2) (b) (409 SE2d 649) (1991). Moore, who chose to represent himself at the Rule 31.3 (B) hearing, argued that the two deaths were not sufficiently similar to support the admission of evidence about Littrell’s death at the trial concerning Harris’s murder. The trial court held the evidence admissible, and Moore now challenges that ruling. In this appeal, we consider both the issues Moore raises related to the Rule 31.3 (B) hearing and the other issues that he raised in his initial appeal.

1. Moore first contends that the trial court erred in ruling that the similar transaction evidence was admissible. Under Williams, the State must show that it seeks to introduce the evidence of the independent offense for an appropriate purpose, there is sufficient evidence to establish that the accused committed the independent offense, and there is a sufficient connection or similarity between the independent offense and the crime charged so that proof of the independent act tends to prove the crime charged. 261 Ga. at 642. In evaluating the trial court’s ruling, we accept its factual findings unless they are clearly erroneous and review its ultimate decision to admit the similar transaction evidence for abuse of discretion. See Reed v. State, 291 Ga. 10 (3) (727 SE2d 112) (2012).

At the Rule 31.3 (B) hearing, the prosecutor stated that the State was seeking to introduce the evidence of Littrell’s death to show Moore’s bent of mind and identity as the person who killed Harris and that there was sufficient evidence to establish that Moore caused Littrell’s injuries based on Moore’s admissions to the investigator in that case. The State also argued that there was a sufficient similarity between the independent offense and the crime charged so that proof of the acts related to Littrell tended to prove the crimes related to Harris. Specifically, in Littrell’s case, the 57-year-old victim weighed 126 pounds, was frail from multiple sclerosis, had lived with Moore for five years, and argued with him about finances. In Harris’s case, the 63-year-old victim weighed 127 pounds, was disabled, had lived with Moore for a year, and had argued with him about financial issues, including a disagreement over the power being cut off the day before Harris died. Further, the State noted a medical examiner’s extensive testimony about the victims’ injuries, his conclusion that both victims suffered from throat injuries consistent with manual strangulation, and his determination that the injuries to Littrell were not consistent with CPR, even if performed improperly and forcefully. In response, Moore argued that the two deaths were not similar because there was no evidence that he intentionally killed Littrell.

[678]*678In holding that the similar transaction evidence was properly-admitted at trial, the trial court found that Moore served as caretaker for both Littrell and Harris at the time of their deaths. Concerning the purpose for introducing the evidence, the trial court found that the State offered the evidence to show bent of mind and identity and not to raise an improper inference concerning Moore’s character. On the evidence that Moore committed the independent act, the trial court found that the trial testimony showed that Moore admitted causing Littrell’s injuries, although Moore maintained that he did so inadvertently. On the similarity between the two acts, the trial court found the State provided evidence of the similarities in the personal characteristics of the two victims and the injuries that they sustained. Based on these factual findings, the trial court concluded that the State sought to admit evidence of the death of Littrell for appropriate purposes, there was sufficient evidence that Moore committed the independent act, there was a sufficient connection or similarity so that proof of the independent act tended to prove the crime charged, and the probative value of the similar transaction evidence substantially outweighed the danger of unfair prejudice from it. We conclude that the trial court’s factual findings were not clearly erroneous and the trial court did not abuse its discretion in ruling that the evidence was admissible.

2. Moore next contends that his right to confront the State’s evidence at the similar transaction hearing was violated when the trial court allowed the State to introduce evidence concerning Littrell’s death and then did not consider Moore’s written argument, which was filed after the hearing. At the hearing, Moore repeatedly objected to the State’s presentation on the grounds that this Court had ruled in Moore I that the similar transaction evidence should not have been admitted. Contrary to Moore’s arguments, our previous opinion did not decide the admissibility of the similar transaction evidence or reverse his conviction based on its admission.

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

Related

Robert Fowler v. State
Court of Appeals of Georgia, 2025
Rawls v. State
850 S.E.2d 90 (Supreme Court of Georgia, 2020)
Santana v. State
842 S.E.2d 14 (Supreme Court of Georgia, 2020)
Thomas v. State
779 S.E.2d 616 (Supreme Court of Georgia, 2015)
Shears v. the State
773 S.E.2d 776 (Court of Appeals of Georgia, 2015)
Daughtie v. State
773 S.E.2d 263 (Supreme Court of Georgia, 2015)
Grissom v. State
768 S.E.2d 494 (Supreme Court of Georgia, 2015)
Bragg v. State
763 S.E.2d 476 (Supreme Court of Georgia, 2014)
Hampton v. State
763 S.E.2d 467 (Supreme Court of Georgia, 2014)
Robert Clayton v. State
Court of Appeals of Georgia, 2014
Minor v. State
761 S.E.2d 538 (Court of Appeals of Georgia, 2014)
Sutton v. State
759 S.E.2d 846 (Supreme Court of Georgia, 2014)
Pitchford v. State
751 S.E.2d 785 (Supreme Court of Georgia, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
748 S.E.2d 419, 293 Ga. 676, 2013 Fulton County D. Rep. 2825, 2013 WL 4779552, 2013 Ga. LEXIS 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-ga-2013.