Strickland v. State

357 S.E.2d 85, 257 Ga. 230, 1987 Ga. LEXIS 805
CourtSupreme Court of Georgia
DecidedJune 24, 1987
Docket44067
StatusPublished
Cited by52 cases

This text of 357 S.E.2d 85 (Strickland 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
Strickland v. State, 357 S.E.2d 85, 257 Ga. 230, 1987 Ga. LEXIS 805 (Ga. 1987).

Opinions

Hunt, Justice.

Robert Strickland, Jr., was convicted by a jury of the murder of his wife, Yvonne Strickland, and sentenced to life imprisonment.1 He appeals, raising the general grounds and numerous special grounds.

In July 1985, the defendant and victim entered into a separation agreement and were not living together, although they continued to see each other frequently. On October 12, 1985, the defendant broke into the victim’s house and discovered the victim and Willie Brewer [231]*231having sexual relations. He shot and wounded Brewer and was arrested and released on bond the next day. On October 16, the defendant killed the victim with a gun he had purchased the previous day. The defendant testified that he shot the victim after they had sexual relations and he proposed a reconciliation, which she rejected, recounting her sexual involvement with other persons. The county medical examiner who performed an autopsy on the victim testified that the victim had been shot three times, two times at close range, and that, in his opinion, the pattern of wounds indicated deliberate, rather than random actions on the part of the defendant. The defendant’s primary defense was insanity at the time he shot the victim.

1. Having reviewed the evidence in the light most favorable to the jury’s verdict, we conclude that a rational trier of fact could have found the defendant guilty of murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Likewise, the jury’s rejection of his insanity defense meets the standard of review of Brown v. State, 250 Ga. 66, 71-72 (295 SE2d 727) (1982).

2. The defendant requested and received a charge on voluntary manslaughter. The basis of his claim of provocation requiring such a charge was the victim’s adulterous relations which she had recounted just before the shooting. The defendant contends that the trial court’s charge “whether the deceased did or did not have relations with another is not relevant to the issues of this case” was contrary to law and erroneously precluded the jury from rendering a verdict of voluntary manslaughter. The charge was given as part of a limiting instruction to the jury immediately prior to the testimony of a defense expert regarding foreign pubic hairs found on the victim. In its limiting instruction, the court charged the jury that the testimony of the expert that foreign pubic hairs were found on the victim should be considered not for the purpose of determining whether the victim had had sexual relations with others but solely for the purpose of determining whether she had recounted her adulterous activity as the defendant claimed just before he shot her.

We agree with the defendant that the charge regarding the irrelevance of the victim’s adulterous conduct was error. Brooks v. State, 249 Ga. 583, 586 (292 SE2d 694) (1982). In Brooks, the defendant’s murder conviction was reversed because of the trial court’s failure to charge the law of voluntary manslaughter. We noted that while words alone will not constitute sufficient provocation to reduce a crime from murder to manslaughter, the defendant in that case was not provoked merely by the victim’s insulting words, but also by her adulterous conduct with which she taunted him prior to the shooting. We also noted that although the victim used words to make the defendant aware of her adultery, it was the victim’s adulterous conduct, rather [232]*232than her words describing that conduct, which served as sufficient provocation authorizing a charge on voluntary manslaughter. See OCGA § 16-5-2 (a).

Here, the victim’s alleged adulterous conduct was not only relevant, but critical to the voluntary manslaughter claim.2 We agree with the state that the trial court’s general charge on the law of voluntary manslaughter was proper. However, although the charge regarding the irrelevance of the victim’s adulterous conduct to the issues in this case was given in the context of the consideration to be given the expert’s testimony, it was not limited to that context, was given twice — immediately before the testimony of the expert and repeated in the complete charge to the jury at the close of the evidence — and we cannot say that the erroneous charge was not harmful.

3. The defendant contends the trial court erred by improperly limiting cross-examination of a state’s witness, Annette Carver. The question asked was whether Carver heard a member of Brewer’s family make a death threat regarding the defendant. The threat was allegedly made at the hospital when Carver and the victim were visiting Brewer, who was recuperating from the injuries inflicted by the defendant. The state’s objection to that question was sustained on hearsay grounds.

The defendant’s purpose for his question was connected to his reason for purchasing the gun with which he killed the victim. He testified that he purchased it because of threats of retaliation, made by members of Brewer’s family and communicated to him by the victim. Under those circumstances, we agree with the defendant that such evidence was not hearsay since it was not offered to prove the truth of the substance of the threats. Rather, it was admissible on the issue of the defendant’s credibility concerning his explanation of his purpose for acquiring the weapon. See Poteat v. State, 251 Ga. 87, 89 (4) (303 SE2d 452) (1983); OCGA § 24-3-2. Its exclusion was error.

4. In defendant’s first three enumerations, he contends error in the trial court’s exclusion of testimony and evidence in his attempt to impeach the state’s key witness, Willie Brewer.

On cross-examination of Brewer, the defendant attempted to introduce testimony and documentation in support of the fact that the [233]*233witness had been charged with the crime of theft by taking in Cobb County. The record reflects that the witness did not plead guilty to and was not convicted of that crime, but proceeded under Cobb County’s pre-trial diversion program under which the case was dead-docketed pending the successful completion of his participation in that program, scheduled to end on March 17, 1986. The defendant acknowledges that such evidence is ordinarily inadmissible for impeachment purposes. Thomas v. State, 178 Ga. App. 674, 675 (344 SE2d 496) (1986). On appeal, he correctly contends that evidence of a pending charge against a witness may be admissible to show the witness’ interest in cooperating with the state in order to have the charge against him dismissed or reduced, Owens v. State, 251 Ga. 313, 314 (1) (305 SE2d 102) (1983); Hines v. State, 249 Ga. 257, 259 (2) (290 SE2d 911) (1982). However, the record fails to reflect that this reason was urged at trial. Rather, the defendant sought to introduce the evidence for improper impeachment purposes. Further, the defendant was permitted to examine Brewer concerning.the facts, which Brewer acknowledged, that he sought the defendant’s advice on “a matter” and used him as a character reference at the same time Brewer was sexually involved with the victim. Thus, we find no harmful error regarding these enumerations.

5.

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Bluebook (online)
357 S.E.2d 85, 257 Ga. 230, 1987 Ga. LEXIS 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-state-ga-1987.