Schutt v. State

740 S.E.2d 163, 292 Ga. 625, 2013 Fulton County D. Rep. 625, 2013 WL 1092708, 2013 Ga. LEXIS 263
CourtSupreme Court of Georgia
DecidedMarch 18, 2013
DocketS12A2060
StatusPublished
Cited by17 cases

This text of 740 S.E.2d 163 (Schutt 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
Schutt v. State, 740 S.E.2d 163, 292 Ga. 625, 2013 Fulton County D. Rep. 625, 2013 WL 1092708, 2013 Ga. LEXIS 263 (Ga. 2013).

Opinion

Nahmias, Justice.

Ashley Schutt was convicted of malice murder and other crimes in connection with the death of her husband, Greg Schutt. She appeals, arguing that the evidence was insufficient to support her conviction for aggravated assault, that her conviction for aggravated assault should have merged with her murder conviction, that she received ineffective assistance of counsel, and that the trial court erred in failing to suppress her pretrial statements to the police. We affirm the judgment below except for Appellant’s sentence for aggravated assault, which we vacate because we agree that the conviction for that offense merged with her murder conviction.1 [626]*6261. The evidence at trial, viewed in the light most favorable to the verdict, showed the following. On July 25, 2009, Appellant arrived home from work shortly after 1:00 a.m. and prepared her husband a late dinner that she laced with prescription sleep medicine. After her husband fell asleep in the master bedroom, Appellant attacked him, beating him repeatedly with a ball-peen hammer and stabbing him 38 times in the face, chest, sides, back, abdomen, and left thigh. The victim’s throat and wrists were also cut. The medical examiner determined that the cause of death was the combined effect of stab wounds to the torso and thigh and blunt force trauma to the head.

Appellant was alone in the house with the deceased victim for several hours. During that time, she washed the hammer and two knives in the bathroom sink, attempted to clean up the blood, ripped a picture of her and the victim in two and threw the pieces on the floor next to her and her husband’s wedding rings, used scissors to cut up a pair of her shorts and a bra, and cut herself superficially in the arm a few times with a knife. Around 8:00 a.m., Appellant ran next door to a neighbor’s house and rang the doorbell repeatedly. The neighbor answered the door to find Appellant, who had blood on her face and t-shirt, crouching on his front porch. Appellant told the neighbor that three black men wearing masks had broken into her house, raped her and her husband, and murdered her husband.

The neighbor called 911. Responding officers found no sign of forced entry at Appellant’s house and no blood outside the master bedroom area. Appellant was taken to the hospital, where she gave conflicting accounts of the number of assailants to medical personnel and a special victims unit (SVU) officer who interviewed her about the alleged rape. A homicide detective spoke to Appellant at the hospital, and she agreed to give a formal statement. Appellant then accompanied the SVU officer and the homicide detective to the police station, where she was advised of and waived her Miranda rights. In the subsequent interview, which was videotaped, Appellant eventually confessed that she killed her husband, who she claimed had been abusive, and made up the home invasion story. At trial, Appellant did not deny killing her husband but asserted that she suffered from battered person syndrome and post-traumatic stress disorder.

Appellant contends that the evidence was insufficient to support her aggravated assault conviction based on slitting the victim’s throat, arguing that the evidence showed that the victim was already [627]*627dead before she cut his throat. However, in her videotaped interview, Appellant said that her husband was still alive after his throat was cut because she heard him emit a gurgling sound, and the medical examiner testified that the victim was not necessarily dead when his throat was slit and could still have been alive, albeit very close to death. The jury therefore had an evidentiary basis to find that the victim was still alive when Appellant slit his throat. When viewed in the light most favorable to the verdict, the evidence presented at trial and summarized above was sufficient to authorize a rational jury to find Appellant guilty beyond a reasonable doubt of all the crimes for which she was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979); Vega v. State, 285 Ga. 32, 33 (673 SE2d 223) (2009) (“ ‘It was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.’ ” (citation omitted)).

2. Appellant also contends that her aggravated assault conviction should have merged into her malice murder conviction. She is correct.

The indictment here charged that Appellant committed malice murder “by stabbing [the victim] multiple times” and that she committed aggravated assault by “slitting his throat.” The evidence, particularly the medical examiner’s testimony, showed that the injuries to the victim’s throat were relatively superficial and nonfatal and that it was stab wounds to his torso and thigh and blunt force trauma to the head that killed him. However, the evidence also showed that Appellant cut the victim’s throat after she inflicted the fatal injuries, and it is not clear that there was any deliberate interval between the assaults. Accordingly, Appellant’s aggravated assault and malice murder convictions merged, and her sentence for aggravated assault must be vacated. See Slaughter v. State, 292 Ga. 573 (740 SE2d 119) (2013).

3. Appellant asserts that she received ineffective assistance from her trial counsel, who was an experienced criminal defense lawyer. To prevail on this claim, she must show that her counsel’s performance was professionally deficient and that, but for the deficiency, there is a reasonable probability that the outcome of the trial would have been more favorable to her. See Strickland v. Washington, 466 U. S. 668, 687, 694 (104 SC 2052, 80 LE2d 674) (1984). Counsel’s trial tactics and strategic decisions will not support a claim for ineffective assistance unless they were “ ‘so patently unreasonable that no competent attorney would have chosen’ ” them. See Brown v. State, 288 Ga. 902, 909 (708 SE2d 294) (2011) (citation omitted).

(a) Appellant first contends that her trial counsel’s performance was deficient because he allegedly did not prepare her parents at all [628]*628for their trial testimony. However, trial counsel testified to the contrary at the motion for new trial hearing, recounting that he met with Appellant’s parents, discussed the information he planned to elicit on direct examination, and told them the types of questions they could expect on cross-examination. Counsel also explained that he did not overly prepare Appellant’s parents because he did not want their testimony to sound rehearsed, which could come across to the jury as insincere. The trial court was entitled to credit counsel’s testimony over the testimony of Appellant’s parents and to conclude that Appellant did not show deficient performance. See Robinson v. State, 277 Ga. 75, 76 (586 SE2d 313) (2003) (When reviewing an ineffective assistance claim, “ ‘[w]e accept the trial court’s factual findings and credibility determinations unless clearly erroneous ....’” (citation omitted)); Thomas v. State, 246 Ga. App. 448, 450 (540 SE2d 662) (2000) (describing decisions regarding witness preparation as matters of trial tactics and strategy). Moreover, even assuming that, with more preparation, Appellant’s parents would have testified at trial the way they did at the motion for new trial hearing, we see no reasonable probability that the outcome of the trial would have been different.

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Bluebook (online)
740 S.E.2d 163, 292 Ga. 625, 2013 Fulton County D. Rep. 625, 2013 WL 1092708, 2013 Ga. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schutt-v-state-ga-2013.