SMITH v. THE STATE

Supreme Court of Georgia1999-09-20No. S99A1421

271 Ga. 507521 S.E.2d 562

Summary · law.co

Holding. The court affirmed Smith's convictions for felony murder and aggravated assault. The trial court did not abuse its discretion in refusing a voluntary manslaughter instruction, and no reversible error occurred from the witness's characterization despite curative jury instructions.

Roderick Smith was convicted of felony murder and aggravated assault in the fatal shooting of a convenience store manager. Trial evidence established that Smith entered the store and argued with the manager, who exited his protected booth holding a baseball bat. A witness observed gunshots, the manager falling, and Smith fleeing. The manager died from a close-range gunshot wound to the face and neck. Smith later told a friend he killed the victim to prevent him from reporting Smith's drug sales outside the store.

Smith appealed on multiple grounds. The appellate court found the evidence at trial sufficient to support the jury's guilty verdict. The court also ruled the trial judge properly refused to instruct the jury on voluntary manslaughter, since the evidence showed Smith acted in self-defense or attempted escape rather than in passionate reaction to the manager's conduct. Additionally, the court found no reversible error where a witness called Smith a "cold-blooded killer" during cross-examination, because the trial judge issued clear instructions directing the jury to disregard the characterization and focus only on the witness's factual observations.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Sufficiency of evidence to support felony murder and aggravated assault convictions
Propriety of refusing a voluntary manslaughter jury instruction
Whether witness commentary constituting alleged character attack required mistrial

Procedural posture

Smith appealed the trial court's denial of his motion for a new trial following his conviction and life sentence for felony murder and aggravated assault.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Hunstein, Justice.

Roderick R. Smith, Jr. was convicted of felony murder and aggravated assault in the shooting death of Abubeker Ebro Ali and was sentenced to life imprisonment. He appeals from the denial of his motion for a new trial.

1. The evidence adduced at trial authorized the jury to find that around 5:00 a.m. on September 15, 1996, Ali, the night manager of an Atlanta convenience store, ordered two men out of the store who were trying to sell crack cocaine. An hour later, appellant entered the store and began to argue with Ali. Ali exited the protected cubicle around the cash register, carrying a baseball bat which he held in the middle. The only other customer inside the store overheard Ali telling appellant that he “[didn’t] want to be bothered.” The customer then heard gunshots. Another witness testified he was crossing the street when he noticed appellant outside the store while Ali was in the store’s doorway; the witness first heard gunshots, saw Ali fall and appellant lean inside the door, and then heard more gunshots; and the witness then saw appellant fleeing the scene holding something silver in his hands. Ali died from a gunshot, fired at close range, that entered the right side of his face and neck and traveled through his chest and arm. That evening, appellant told a friend he killed Ali because the victim was going to call the police to report Smith for selling drugs outside the store.

We find this evidence sufficient to authorize a rational trier of fact to find appellant guilty of felony murder and aggravated assault beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. We find no error in the trial court’s refusal to give appellant’s requested charge on voluntary manslaughter. The trial court charged the jury regarding self-defense. Even assuming, arguendo, that the victim’s behavior in approaching appellant with a bat constituted “serious provocation,” there is no evidence that appellant was “so influenced and excited that he reacted passionately rather than simply in an attempt to defend himself.” (Footnote omitted.) Wort hem v. State, 270 Ga. 469, 471 (509 SE2d 922) (1999). Accordingly, no charge on voluntary manslaughter was authorized here. Id.

Decided September 20, 1999.

J. Robert Joiner, for appellant.

Paul L. Howard, District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jeanne K. Strickland, Assistant Attorney General, for appellee.

3. Appellant contends the trial court committed reversible error by denying his motion for a mistrial after a witness, in an unresponsive answer to a question on cross-examination, stated that appellant was a “cold-blooded killer.” The trial court gave detailed curative instructions to the jury in which it cautioned the jury that the witness was called to testify to his observations, not his opinions, and instructed the jury to disregard the comment the witness tacked onto his observations. Further, the jury acquitted appellant of malice murder and convicted instead on felony murder. “Given the trial court’s curative efforts, the inadvertent nature of the witnesses’ remarks, and the lack of apparent prejudice, we find no abuse of discretion in the denial of [appellant’s] motion[ ] for mistrial.” James v. State, 270 Ga. 675, 677 (4) (513 SE2d 207) (1999).

Judgment affirmed.

All the Justices concur.

The crimes occurred on September 15, 1996. Smith was indicted February 7, 1997 in Fulton County. He was found guilty on February 20, 1998 of felony murder and aggravated assault; he was sentenced that day to life imprisonment on the felony murder and ten years concurrent on the aggravated assault. The trial court subsequently merged the aggravated assault conviction with the felony murder conviction. Smith’s motion for new trial, filed March 17, 1998, was amended and denied on January 25, 1999. A notice of appeal was filed January 26,1999. The appeal was docketed on June 24,1999 and was submitted for decision on the briefs.