Woods v. State

733 S.E.2d 730, 291 Ga. 804, 2012 Fulton County D. Rep. 3343, 2012 Ga. LEXIS 844
CourtSupreme Court of Georgia
DecidedOctober 29, 2012
DocketS12A1143
StatusPublished
Cited by17 cases

This text of 733 S.E.2d 730 (Woods 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
Woods v. State, 733 S.E.2d 730, 291 Ga. 804, 2012 Fulton County D. Rep. 3343, 2012 Ga. LEXIS 844 (Ga. 2012).

Opinion

HlNES, Justice.

John Dennis Woods appeals his convictions for malice murder, aggravated assault, possession of a firearm during the commission of a felony, and concealing the death of another, all in connection with the death of Travis Sauls.1 For the reasons that follow, we reverse.

Construed to support the verdicts, the evidence showed that Sauls lived in the home of Gross, who is Woods’s first cousin; Woods lived in a nearby house. On September 28, 2009, Woods requested that Sauls come to his house to paint a storage container and wash Woods’s truck. The next day, Sauls was seen painting at Woods’s home. At approximately 11:00 a.m., a neighbor heard three or four gunshots come from the direction of Woods’s home, with a pause between the first and second shots. On September 30, 2009, Gross asked Woods if he had seen Sauls, and Woods responded that he had not but that Sauls was not welcome at his home anymore because he had done a poor job of washing his truck.

On October 2,2009, Woods’s brother went hunting on property in Florida belonging to their father, Roy Woods, and discovered suspicious burned items. The brother contacted a friend who was a law enforcement officer in Florida; together, they went to the hunting property and the brother’s friend notified local law enforcement [805]*805personnel. At the property, investigators recovered Saul’s body fragments, including his burned torso and portions of his skull.

That same day, Roy Woods met with Woods, who told him that he had killed Sauls in self-defense and taken the body to Florida to dispose of it. At Woods’s home, investigators recovered partially burned clothing and a hidden pistol that proved to have fired the bullets that killed Sauls.

1. The evidence authorized the jury to find Woods guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Woods met with investigating law enforcement officers on October 3, 2009, October 5, 2009, and October 7, 2009. At each meeting he was represented by counsel Tomlinson. Before trial, Woods, through new counsel, moved to suppress any evidence gained during those meetings, as well as all products of resulting searches, contending that Tomlinson was ineffective in failing to properly investigate Woods’s mental condition and in allowing Woods to make any statements to the investigators. The trial court found no ineffective assistance of counsel under the standard set forth in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). Under that test, in order to prevail on a claim of ineffective assistance of counsel, Woods must show both that counsel’s performance was deficient, and that the deficient performance was-prejudicial to his defense.2 Smith v. Francis, 253 Ga. 782, 783 (1) (325 SE2d 362) (1985), citing Strickland, supra. To meet the first prong of that test, he must overcome the “strong presumption” that counsel’s performance fell within a “wide range of reasonable professional conduct,” and that counsel’s decisions were “made in the exercise of reasonable professional judgment.” Id. The reasonableness of counsel’s conduct is examined from counsel’s perspective at the time of trial and under the particular circumstances of the case. Id. at 784. To meet the second prong of the test, he must show that there is a reasonable [806]*806probability that, absent any unprofessional errors on counsel’s part, the result of the proceeding would have been different. Id. at 783. ‘“We accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]” Robinson v. State, 277 Ga. 75, 76 (586 SE2d 313) (2003).

On October 3, Woods, through Tomlinson, gave a general statement of the facts, including that he shot Sauls because he feared for his life; Woods answered limited questions and postponed any detailed questioning until October 5. On October 5, he told officers that: Sauls was at Woods’s home to do some painting and wash and wax Woods’s truck; Sauls told Woods that Sauls and Woods’s cousin Gross had a disagreement; Sauls was angry at Gross and said he would kill anyone who crossed him; Sauls began circling Woods, moving his hands, and looked “bug eyed”; Woods felt threatened; Woods went inside his home and retrieved a handgun; Woods returned with the pistol hidden in a potato chip bag; Sauls continued to walk around Woods, looking between Woods and the truck; Woods believed Sauls would kill him and take his valuables; Woods shot Sauls in the back; as he did so, Sauls continued to move his hands as if he was attempting to grasp Woods, still with a wild look in his eyes; Woods shot two or three times; Woods never saw a weapon on Sauls’s person; Woods covered Sauls’s body with a tarp, placed it in a child’s plastic pool, and shoveled bloodstained dirt into the pool; Woods placed the pool on a utility trailer, placed four tires over it, covered all of it with another tarp that he secured with bungee cords, and drove his truck and the trailer to his father’s hunting property in Florida, arriving about 1:00 p.m.; Woods arranged the pool, body, and tarps, with a tire over them; when it became dark that evening, Woods poured some gasoline on the pile, and lit it; when the tire had burned about halfway, Woods added a second tire, and then a third and fourth as each tire became partly consumed; Woods cleaned up at the cabin on the property, and returned to his residence in Georgia, where he showered and burned his clothes; he cried for “a couple of hours”; Woods returned to the hunting property and placed ashes from the fire in a bucket that he dumped into a ditch; he took a portion of Sauls’s torso that had not fully burned, loaded it on a wheeled dolly, took it to another portion of the property, and attempted to cover it with natural debris; Woods took unburned portions of tires and the pool to a nearby trash dump; Woods did not know Sauls to be violent or to own a handgun; and, Woods did not tell anyone about these events until October 2, 2009, when his father confronted him.

At the October 7 meeting, investigators asked for, and received, consent to search Woods’s truck, trailer, and residence.

[807]*807During the hearing on the motion to suppress, Tomlinson testified that: on October 3, 2009, he received a telephone call from Winningham, who was a law enforcement officer as well as a friend of Woods and Woods’s father; Winningham told him what had been related to him by Woods and Roy Woods, namely that a body had been found in Florida and Woods had taken the body there; Winningham thought that Woods needed to be taken into custody; Woods intended to turn himself in to law enforcement officers; Tomlinson agreed to meet Woods, Roy Woods, and Winningham at the sheriff’s office, to which the three other men had already resolved to go; Tomlinson arrived at the sheriff’s office before Woods and the others; it was possible that, before Woods and his companions arrived, Tomlinson could have told a law enforcement investigator what he had learned during the telephone call,3

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Bluebook (online)
733 S.E.2d 730, 291 Ga. 804, 2012 Fulton County D. Rep. 3343, 2012 Ga. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-state-ga-2012.