Turner v. State

486 S.E.2d 839, 268 Ga. 213
CourtSupreme Court of Georgia
DecidedJuly 14, 1997
DocketS97A0424
StatusPublished
Cited by49 cases

This text of 486 S.E.2d 839 (Turner 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
Turner v. State, 486 S.E.2d 839, 268 Ga. 213 (Ga. 1997).

Opinions

Fletcher, Presiding Justice.

A jury convicted Marvin Turner of malice murder, felony murder, aggravated assault, aggravated assault with a deadly weapon, false imprisonment, and possession of a firearm in the commission of a crime in the shooting death of Cleophus Ammons.1 The state sought the death penalty, but the jury returned a sentence of life without parole. On appeal, Turner challenges the admission of victim impact evidence and raises seven additional enumerations of error. Because the victim impact evidence was not highly inflammatory, and the other issues contain no error requiring reversal, we affirm.

The evidence at trial showed that Turner, Marcus Crowder and Martin Boyer decided to rob the Super Valu Grocery Store in Clarkston. After one failed attempt at kidnapping Ammons, who was the store manager, they arranged for Turner’s girl friend to lure Ammons to a place where he could be ambushed and kidnapped. They kid[214]*214napped him' and took him to Turner’s apartment where they beat him and tortured him. They demanded that he give them the security code and safe combination, which Ammons did. While Crowder held Ammons at the apartment, Turner and Boyer went to the store, but were unable to open the safe. Upon the return to the apartment, Turner and Crowder decided to kill Ammons. They called Darian Tant, whom they knew would lead them to a place to dispose of the body. Turner, Crowder, and Tant drove Ammons to a deserted cemetery in Rockdale County. Crowder shot Ammons in the back of the head, then Tant and Turner also shot him.

1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Turner guilty of the crimes charged beyond a reasonable doubt.2

2. Turner challenges the admission of victim-impact evidence during the sentencing phase. In Livingston v. State,3 we considered the constitutionality of OCGA § 17-10-1.2, Georgia’s victim impact statute. This Court upheld its constitutionality after considering the rationale for the admission of victim impact evidence and noting the safeguards imposed by the legislature.4 Because Livingston was an interim appeal, the court did not have an opportunity to consider the procedures under which victim impact evidence should be presented and considered. Now with the benefit of a full record in this and other cases, we take this opportunity to provide guidance in the use of victim impact evidence.

(a) In this case, the state presented two witnesses to give victim impact testimony: the victim’s mother and sister. Both witnessés prepared a written statement to answer the question “what emotional impact has the murder of Cleo Ammons had on you as his [mother/ sister]?” Prior to trial, the state provided the statements to Turner and the court held a hearing, in which Turner had an opportunity to challenge the content of the statements to remove language that might inflame passion or prejudice. Some changes to the statements were made during the hearing. At trial the state asked each witness her name and then the above-quoted question. Each witness read her brief statement and was then available for cross-examination.5

The procedure used by the state and trial court in this case has much to commend it. It enables the jury to hear the evidence allow-[215]*215able under OCGA § 17-10-1.2, but also ensures that evidence that might be unduly prejudicial is not admitted. By providing a copy of the statement to the defense and the court before the sentencing phase, the trial court may ensure that the statement does not contain highly inflammatory statements. Because the witness is reading a prepared statement, the witness is less likely to lose control and inadvertently offer highly emotional and potentially prejudicial testimony. Although Livingston6 and OCGA § 17-10-1.2 (b) (6) suggest that the court question the witness, the better practice is for the state to call and question the witness.7 This avoids the possibility that the jury might give greater weight to the “court’s witness.” After review of the record and the statute, we conclude that this procedure best comports with the statute and minimizes undue prejudice and we approve its use in future cases.

(b) We have reviewed the statements given by both victim impact witnesses. Both statements were very brief, covering less than two pages of transcript each, and focused on the witnesses’ relationship with the victim and how the victim’s death had affected the witness personally.8 Neither statement focused on the victim’s social status9 and neither provided a “detailed narration of. . . emotional and economic sufferings of the victim’s family.”10

Both statements did include references to religion. This Court has held that the death penalty may not be imposed due to passion engendered by religious principles and beliefs.* 11 The references to religion in the witnesses’ statements did not cross the line of inflaming the jury’s emotions based on religion. Rather, the references to religion were extremely brief, one witness stating that the victim had a “new found faith and spirituality” and the other stating that the victim was a “dedicated member of his church family.” These single, abbreviated references cannot be taken as engendering that passion and prejudice proscribed by the due process clause of the state and federal constitutions.

Turner did not request and the court did not instruct the jury regarding the victim impact statements. Because of the importance of the jury’s decision in the sentencing phase of a death penalty trial, it is imperative that the jury be guided by proper legal principles in reaching its decision. Additionally, we note that other states require that the jury be instructed on the purpose of victim impact evi[216]*216dence.12 Therefore, in future cases in which victim impact evidence is given in the sentencing phase of a death penalty or life without parole case, the trial court should instruct the jury regarding the purpose of victim impact evidence. For example, the trial court might charge:

The prosecution has introduced what is known as victim impact evidence. Victim impact evidence is not the same as evidence of a statutory aggravating circumstance. Introduction of victim impact evidence does not relieve the state of its burden to prove beyond a reasonable doubt the existence of a statutory aggravating circumstance. This evidence is simply another method of informing you about the harm caused by the crime in question. To the extent that you find that this evidence reflects on the defendant’s culpability you may consider it, but you may not use it as a substitute for proof beyond a reasonable doubt of the existence of a statutory aggravating circumstance.

3.

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Bluebook (online)
486 S.E.2d 839, 268 Ga. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-state-ga-1997.