O'Connell v. State

754 S.E.2d 29, 294 Ga. 379, 2014 Fulton County D. Rep. 145, 2014 WL 211229, 2014 Ga. LEXIS 64
CourtSupreme Court of Georgia
DecidedJanuary 21, 2014
DocketS13A1327
StatusPublished
Cited by15 cases

This text of 754 S.E.2d 29 (O'Connell 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
O'Connell v. State, 754 S.E.2d 29, 294 Ga. 379, 2014 Fulton County D. Rep. 145, 2014 WL 211229, 2014 Ga. LEXIS 64 (Ga. 2014).

Opinion

Thompson, Chief Justice.

Appellant Catherine O’Connell was sentenced to life in prison for the malice murder of her adoptive mother.1 She appeals, contending the trial court erred by denying her Batson2 challenge and granting a motion in limine to bar hearsay evidence of abuse she allegedly suffered in Guatemala. Finding no error, we affirm.

1. Viewing the evidence in the light most favorable to the verdict, we find the following: The victim adopted appellant from a Guatemalan orphanage when appellant was eleven years old. A few years later, the victim adopted a second daughter, Brenda, from the same orphanage. Brenda and appellant quickly formed a strong bond with one another, but their respective relationships with the victim began to deteriorate. Over time, the two girls developed substantial behavioral issues. After a number of confrontations with both Brenda and appellant, the victim began to fear for her life.

On the night of the murder, the victim’s daughters went to a neighbor’s house and knocked on the door. The neighbor testified that Brenda had a cloth tied around her neck and was gasping for air, but noted that these actions appeared to be staged. After appellant contended her mother tried to choke Brenda, the neighbor went to the victim’s house and found the victim dead on the bathroom floor with [380]*380a butcher knife in her hand. When police arrived, both appellant and Brenda gave statements alleging the victim attacked Brenda with a knife. According to the girls, appellant came to Brenda’s rescue by grabbing the victim around the neck and causing her to faint.

Although Brenda initially denied staging the crime scene, she eventually admitted to police that she placed the knife in the victim’s hand after she was dead. In addition, a medical examiner evaluated both girls and was unable to find injuries to substantiate their claims of self-defense. Brenda did not have injuries consistent with strangulation and appellant had only superficial scrapes that were possibly self-inflicted. An autopsy of the victim revealed she sustained multiple head injuries while she was still alive, but the medical examiner determined the cause of death to be strangulation.

We find the evidence adduced at trial sufficient to enable a rational trier of fact to reject appellant’s justification defense and find her guilty beyond a reasonable doubt of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. Appellant contends the trial court erred in denying her Batson challenge to the State’s striking venire panelist Shealeise Weaver. Weaver, a full-time college student, chose not to be excused as a potential juror on the basis of her student status.3 Concerned about Weaver’s apparent eagerness to serve on the jury, the State moved to have Weaver excused for cause. Initially, appellant’s counsel joined in that motion. When the motion was denied, the State used a peremptory strike to remove Weaver from the panel.

Under Batson, the opponent of a peremptory challenge must make a prima facie showing of racial discrimination. Batson, supra, 476 U. S. at 93-94; Stacey v. State, 292 Ga. 838, 841 (741 SE2d 881) (2013). The burden then shifts to the State to offer a race-neutral reason for the strike. Toomer v. State, 292 Ga. 49, 54 (734 SE2d 333) (2012). Finally, the trial court must determine if the opponent of the strike has proven discriminatory intent. Stacey, supra, 292 Ga. at 841. The trial court’s ultimate finding in this regard is entitled to great deference on appeal. Toomer, supra, 292 Ga. at 58.

Here, the trial court found appellant established a prima facie case of discrimination because the State struck four of the six black venirepersons, including Weaver. In response, the State offered two reasons for striking Weaver. First, the State expressed concern that [381]*381Weaver appeared to be “bucking to get on the jury.”4 Second, it was troubled by Weaver’s young age. In that regard, the State pointed out that the youngest person selected to serve on the jury was some five or six years older than Weaver.

Aperemptory strike based on a juror’s demeanor during voir dire may be deemed to be race-neutral. Toomer, supra, 292 Ga. at 54. Furthermore, age can be a race-neutral reason for exercising a peremptory strike. Burkett v. State, 230 Ga. App. 676, 677 (497 SE2d 807) (1998). In light of the State’s race-neutral reasons for striking Weaver, and giving great deference to the trial court’s ultimate finding that appellant failed to prove discriminatory intent, see Toomer, supra, 292 Ga. at 58, we perceive no error in the denial of appellant’s Batson challenge.

3. The trial court allowed two experts to opine that they had diagnosed appellant as suffering from post-traumatic stress disorder (PTSD) and battered person syndrome, but it did not allow them to testify with regard to specific abuses allegedly committed by others against appellant in Guatemala even though that evidence helped form the basis of the experts’ opinions.5 The excluded evidence consisted of statements made by appellant as well as a number of documents—including orphanage and adoption records—created in Guatemala.

Appellant argues the trial court erred in refusing to permit the experts to relate the details of appellant’s traumatic childhood in Guatemala because it prevented the jury from giving due consideration to her justification defense. In this regard, appellant asserts the evidence was admissible to show (1) she had a reasonable belief in the victim’s use of imminent, unlawful force against Brenda, see Smith v. State, 268 Ga. 196,201 (486 SE2d 819) (1997), and (2) the specific acts of abuse underlying her experts’ opinions. See Leonard v. State, 269 Ga. 867, 870-871 (506 SE2d 853) (1998). Compare Loper v. Drury, 211 Ga.App. 478, 481 (1) (b) (440 SE2d32) (1993) (“Not even an expert can give an opinion based [entirely] upon reports which have been prepared by others and which are not in evidence.”).

It is axiomatic that an appellate court will not reverse a decision admitting or refusing to admit evidence unless the trial court abused its discretion. See Wolfe v. State, 273 Ga. 670, 674 (544 SE2d 148) [382]*382(2001). Because the evidence in question is not admissible to support appellant’s justification defense, see Lewis v. State, 270 Ga. 891, 893 (515 SE2d 382) (1999), we find no abuse of discretion on the part of the trial court and no error.

The critical factor in a justification defense is whether a defendant acted with the fear of a reasonable person under the circumstances. Sedlak v. State, 275 Ga. 746, 748 (571 SE2d 721) (2002). Because justification is based on the fears of a reasonable person, the subjective fears of a particular defendant are irrelevant in the evaluation of this defense. Lewis, supra. For this reason, we have on numerous occasions found inadmissible to support a justification defense evidence of violent acts or abuse committed against a defendant by someone other than the victim. See Bryant v. State, 271 Ga. 99 (515 SE2d 836) (1999); Lewis,

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Bluebook (online)
754 S.E.2d 29, 294 Ga. 379, 2014 Fulton County D. Rep. 145, 2014 WL 211229, 2014 Ga. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-state-ga-2014.