Sedlak v. State

571 S.E.2d 721, 275 Ga. 746, 2002 Fulton County D. Rep. 2987, 2002 Ga. LEXIS 911
Supreme Court of Georgia·Decided October 15, 2002·No. S02A1160·Published·Cited by 37 cases

Opinions

Thompson, Justice.

Yolanda Adame Sedlak was convicted of felony murder in the stabbing death of her husband, Robert Sedlak.* 1 Her defense at trial was justification based on battered person syndrome. On appeal, she challenges several aspects of the jury charge, and she asserts that she was denied effective assistance of trial counsel. Finding no [747] reversible error, we affirm.

A neighbor placed a 911 call to report a stabbing at the mobile home occupied by the Sedlaks. The officers arrived at the Sedlaks’ residence to find the victim on the floor in the master bedroom. He had been stabbed several times with a five-inch kitchen knife; the fatal wound had pierced the heart. While the police were investigating, Sedlak confessed to another neighbor (an off-duty police officer) that she had stabbed the victim.

Sedlak received Miranda warnings at the scene; she agreed to talk with the officers and consented to a search of her residence. In this initial statement, she told the officers that she and the victim had been arguing and while she was in the kitchen preparing dinner, he approached her with a knife in his hand; that she used a kitchen knife to “just poke at him”; and that he walked to the bedroom where she found him a few minutes later on the floor. She was unable to account for the presence of bruises on her arms and legs. A State-administered intoximeter test showed Sedlak’s blood alcohol level to be .103.

Sedlak was taken to the sheriff’s office later that evening where she was again read her Miranda rights and she executed a written waiver. She gave a second statement to the investigating officers in which she described her two-month marriage to Robert as tumultuous and abusive. She related the same version of the stabbing as she had previously.

Two days later, the police asked to interview Sedlak again. She received fresh Miranda warnings, and this time she admitted that the victim was unarmed when she stabbed him, and that she planted a knife near the body because she was afraid that she would be arrested. She claimed that the victim had been physically abusive toward her, but acknowledged that she had never reported the alleged abuse.

Two forensic pathologists testified that it would have required a significant amount of force to inflict the fatal wound because the murder weapon was not particularly sharp or pointed, and the entire blade of the five-inch knife had penetrated the victim’s chest. Both experts opined that a “poke” or accidental motion would have been insufficient force to inflict the fatal wound. The experts further testified that the bruises to Sedlak’s extremities were consistent with chronic alcohol abuse; and that the absence of bruises to her face, head, and upper chest indicates that she does not appear to have been beaten.

After presenting a prima facie case of justification, the defense offered expert testimony that Sedlak experienced both chronic post-traumatic stress disorder and battered person syndrome.

1. The evidence was sufficient to enable a rational trier of fact to [748] have rejected Sedlak’s justification defense and to have found her guilty beyond a reasonable doubt of felony murder while in the commission of an aggravated assault. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Jury Instructions

2. Sedlak challenges several aspects of the general charge to the jury.

(a) The trial court did not err in charging the jury that evidence that the defendant suffered abuse at the hands of others may not be used in determining whether she acted with the fear of a reasonable person under the circumstances. In Bryant v. State, 271 Ga. 99, 101 (3) (515 SE2d 836) (1999), we held that a defendant asserting self-defense “could show other specific acts of violence committed against him and others by [the victim]. [Cit.] He could not, however, support that defense by the proffer of any evidence based upon the commission of extraneous acts of abuse upon him by anyone other than [the victim].” Accord Lewis v. State, 270 Ga. 891 (2) (515 SE2d 382) (1999). Because the charge in the present case was a correct statement of the law, there was no error. In addition, the jury was fully instructed on the defense of justification and the role of battered person syndrome in determining the reasonableness of Sedlak’s conduct.

(b) The indictment charged Sedlak with the offense of felony murder while in the commission of an aggravated assault in that she assaulted the victim and caused his death by stabbing him with a knife, a deadly weapon. After instructing the jury on the elements of felony murder, the court went on to define aggravated assault under OCGA § 16-5-21 (a) (2). Since there is no reasonable possibility Sedlak was convicted of a crime in a manner not charged in the indictment, the instruction was not defective. See Mercer v. State, 268 Ga. 856 (2) (493 SE2d 921) (1998).

(c) There was no error in instructing the jury to attempt to reconcile conflicting testimony of witnesses without imputing false statements to either witness; but if they are unable to do so, the jury should determine which witnesses are best entitled to belief. Mallory v. State, 271 Ga. 150 (2) (517 SE2d 780) (1999); Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (2nd ed. 1991) p. 9, par. F. Compare Noggle v. State, 256 Ga. 383 (4) (349 SE2d 175) (1986), in which this Court disapproved a charge that an unimpeached witness should be believed.

(d) Nor did the trial court’s reference to the deceased as “the victim” in the course of charging the jury constitute an expression of opinion as to the guilt of the accused in violation of OCGA § 17-8-57. That “statute ‘is only violated when the court’s charge assumes cer[749] tain things as facts and intimates to the jury what the judge believes the evidence to be.’ [Cit.]” Jones v. State, 268 Ga. 12,15 (5) (483 SE2d 871) (1997).

This Court has held that the trial court’s use of the word “victim” in referring to the deceased does not amount to an improper opinion about the guilt of the accused under the statute. Camphor v. State, 272 Ga. 408 (6) (c) (529 SE2d 121) (2000). Nor is the statute violated because Sedlak offered a justification defense. A “victim” is defined in Webster’s Third International Dictionary as “someone put to death ... by another.” Whether Sedlak was justified by law in committing the crime does not change the fact that the decedent was put to death by her.

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Sedlak v. State, 571 S.E.2d 721, 275 Ga. 746, 2002 Fulton County D. Rep. 2987, 2002 Ga. LEXIS 911 (Ga. 2002).

571 S.E.2d 721 (Sedlak v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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