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Summerville v. State

2024-10-15

Summary

Holding. The judgment of the trial court is affirmed. The appellate court rejected Summerville's claims of ineffective assistance of counsel and abuse of discretion, finding that the prosecutor's argument was within permissible bounds and that the trial court did not abuse its discretion in restricting cross-examination about the medical examiner's prior disciplinary action.

Michael Earl Summerville was convicted of felony murder in connection with the death of Martha West after evidence showed she was struck by his truck. Summerville appealed on two grounds: that his trial lawyer failed to object to a prosecutor's characterization of fiber evidence in closing argument, and that the trial court improperly restricted his cross-examination of the medical examiner who performed West's autopsy regarding her prior disciplinary suspension. The Georgia Supreme Court rejected both arguments, finding that the prosecutor's comment was a permissible inference from the evidence presented and that the trial court reasonably limited questioning about the medical examiner's discipline because it was only marginally relevant to bias and unsupported by evidence.

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

Key issues

  • Whether trial counsel rendered ineffective assistance by failing to object to prosecutor's characterization of fiber evidence in closing argument
  • Whether trial court abused its discretion by limiting cross-examination regarding medical examiner's prior suspension and disciplinary action
  • Scope of permissible prosecutorial argument in closing
  • Limits on cross-examination regarding witness bias and character

Procedural posture

The defendant appealed his felony murder conviction after the trial court denied his motion for a new trial, raising claims of ineffective assistance of counsel and trial court error regarding cross-examination limitations.

Authorities cited

Opinion

majority opinion

NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.

In the Supreme Court of Georgia

Decided: October 15, 2024

S24A0692. SUMMERVILLE v. THE STATE.

BETHEL, Justice.

Michael Earl Summerville was convicted of felony murder in

connection with the death of Martha West.1 On appeal, Summerville

contends that trial counsel rendered constitutionally ineffective

assistance by failing to object to a comment in the State’s closing

argument and that the trial court abused its discretion by limiting

the defense’s cross-examination of a witness. For the reasons that

The crimes occurred on December 10, 2017. In November 2020, a

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Wilkes County grand jury indicted Summerville for malice murder, felony

murder predicated on aggravated assault, and aggravated assault, family

violence. At a jury trial, Summerville was found not guilty of malice murder

but guilty of the remaining counts. The trial court sentenced Summerville to

serve life in prison for felony murder, and the aggravated assault, family

violence count merged for sentencing purposes.

Summerville filed a timely motion for new trial, which he later amended

through new counsel. Following a December 2023 hearing, the trial court

denied the motion as amended on January 9, 2024. Summerville then filed a

timely notice of appeal, and the case was docketed to this Court’s April 2024

term and submitted for a decision on the briefs.

follow, we affirm.

1. The evidence presented at trial showed the following. On the

day of the crimes, Summerville and West—who were romantic

partners—visited the home of their neighbor Johnny Clark, arriving

around 6:45 p.m. Though Summerville drank tequila with Clark,

West declined any alcoholic beverages and threatened to call the

police when Summerville refused to take her home. The couple

eventually left but continued arguing outside.

Between 10:00 and 10:30 p.m., Summerville returned in his

truck to Clark’s home and reported that West had fallen in the field

that separated their home from Clark’s. Summerville proceeded to

“guzzle” some of Clark’s tequila from the bottle, after which he drove

Clark to the field where they found West deceased.

Summerville then retrieved his nephew from another mobile

home nearby. Summerville told his nephew that West had a heart

attack and that he had performed CPR. After learning that

Summerville had not called for emergency services, Summerville’s

nephew called 911 and reported that West had a heart attack.

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However, when Summerville’s nephew arrived at the scene, he

noticed West “had stuff coming out the side of her mouth” and was

lying between tire tracks.

When responding personnel arrived at the scene, they found

West deceased, with her glasses and shoes several feet away from

her body and tire tracks on each side of West. Summerville’s truck

was towed from the field to a GBI office and, pursuant to a search

warrant, the following signs of a collision were found on the vehicle:

a piece of black plastic, resembling a protector shield for the truck’s

undercarriage, was found in Summerville’s toolbox; a spot on the

otherwise dirty undercarriage of the truck appeared as if it had been

wiped down; and a handprint, positioned with the fingers facing up,

was observed low to the ground outside the truck’s door.

Investigators also lifted fibers from the underside of the truck,

and testing showed those fibers were consistent with fibers from the

leggings West was wearing when she died. West’s autopsy revealed

71 injuries, including extensive abrasions, rib fractures, and a

dislocation of the skull from the spine, which a Georgia Bureau of

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Investigation (“GBI”) medical examiner determined were consistent

with her being struck by a motor vehicle at a high speed.

2. In his first enumeration of error, Summerville contends that

his trial counsel rendered constitutionally ineffective assistance. To

prevail on this claim, Summerville bears the burden of showing both

that counsel’s performance was professionally deficient and that he

was prejudiced as a result of that deficient performance. See

Strickland v. Washington, 466 U. S. 668, 687 (III) (B) (104 SCt 2052,

80 LE2d 674) (1984).

To satisfy the deficiency prong, Summerville “must

demonstrate that his attorney performed at trial in an objectively

unreasonable way considering all the circumstances and in light of

prevailing professional norms.” Butler v. State, 313 Ga. 675, 683 (4)

(872 SE2d 722) (2022) (citation and punctuation omitted). And to

show prejudice, Summerville must “establish a reasonable

probability that, in the absence of counsel’s deficient performance,

the result of the trial would have been different.” Id. If an appellant

is unable to satisfy one prong of the Strickland test, “it is not

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incumbent upon this Court to examine the other prong.” Grant v.

State, 305 Ga. 170, 175 (5) (824 SE2d 255) (2019) (citation and

punctuation omitted); see also Bradley v. State, 318 Ga. 142, 144 (2)

(897 SE2d 428) (2024) (“The failure to demonstrate either deficient

performance or resulting prejudice is fatal to a claim of ineffective

assistance of counsel and obviates the need even to consider the

other.”).

Summerville argues that trial counsel was ineffective for

failing to object during the State’s closing argument. Specifically,

the analyst who examined the fibers collected from the underside of

Summerville’s truck testified that the fibers “were consistent with”

the leggings West wore at the time of her death. During closing

arguments, the prosecutor highlighted evidence that Summerville’s

truck was involved in a collision and noted in passing that “the hair

fibers from Martha’s clothing” were found on the vehicle’s underside.

Pointing to the prosecutor’s characterization of “the hair fibers from

[West’s] clothing,” which was not the same as how the analyst

described the fibers, Summerville argues that trial counsel should

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have objected to the prosecutor’s argument as improperly conveying

the prosecutor’s own opinions about the evidence. We do not agree

that counsel’s performance was deficient.

It is well settled that “a prosecutor is granted wide latitude in

the conduct of closing argument, and within that wide latitude, he

may comment upon and draw deductions from the evidence

presented to the jury.” Walker v. State, 312 Ga. 232, 240 (4) (c) (862

SE2d 285) (2021) (citation and punctuation omitted). And here, the

prosecutor’s comment clearly was not a statement of personal

opinion but rather a permissible reasonable inference drawn from

the trial evidence. As recounted above, the State presented

substantial evidence that West died as a result of being struck by

Summerville’s truck. West’s body was found in an open field

surrounded by tire tracks; an autopsy showed that her numerous

injuries were consistent with being struck by a motor vehicle; and

Summerville’s truck showed signs of being in a recent collision.

Summerville is correct that the analyst could not testify, as a

matter of scientific certainty, that the fibers came from West’s

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leggings and, thus, was limited to opining that the fibers were

“consistent with” West’s leggings. But it would be reasonable to

infer, in light of the other evidence at trial, that the fibers recovered

from the underside of Summerville’s truck came from West’s

clothing. As such, the prosecutor’s argument fell “within the bounds

of permissible argument” and, thus, was not improper. Blocker v.

State, 316 Ga. 568, 579 (4) (a) (889 SE2d 824) (2023); see also Gaston

v. State, 307 Ga. 634, 640 (2) (b) (837 SE2d 808) (2020). Cf. Jackson

v. State, 301 Ga. 774, 775-776 (3) (804 SE2d 73) (2017) (“While it is

improper for counsel to state to the jury counsel’s personal belief as

to the veracity of a witness[,] it is not improper for counsel to urge

the jury to draw such a conclusion from the evidence.” (citation and

punctuation omitted)). And because the prosecutor’s argument was

not improper, any objection would have been meritless, and “trial

counsel’s failure to make a meritless objection to the State’s closing

argument is not evidence of ineffective assistance.” Gaston, 307 Ga.

at 640 (2) (b) (citation and punctuation omitted). This claim of

ineffective assistance therefore fails.

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3. In his second enumeration of error, Summerville contends

that the trial court abused its discretion when it sustained the

State’s objection and restricted his questioning of the GBI medical

examiner who conducted West’s autopsy. Specifically, during

recross-examination of the medical examiner, Summerville elicited

testimony that the medical examiner had been suspended from the

GBI Crime Lab for two years and had “entered into an agreement

with [the crime lab] to not have any further inappropriate action.”

When Summerville attempted to probe the issue further, the State

objected. Outside the jury’s presence, the prosecutor characterized

the line of questioning as “character assassination.” Summerville

countered that the questioning went to the medical examiner’s

potential bias. Upon further questioning from the trial court,

defense counsel elaborated:

The witness entered into an agreement whereby,

according to what I’ve read, that another inappropriate

action would result in termination. That’s what was

widely reported, and if this witness were to do something

for one side or the other that were to shade things and

somebody thought it was inappropriate, she could lose her

job. And so the entering of a medical examiner’s report is

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indeterminate and then shading it towards the State

makes it seems that perhaps she is biased towards the

State.

Defense counsel further argued that the medical examiner’s

agreement with GBI made the witness biased toward the State

because “[t]he GBI, while it claims to be independent, works at the

behest of prosecutors . . . .” Defense counsel did not proffer any

evidence in support of these assertions, nor did defense counsel seek

to question the medical examiner further, outside the jury’s

presence, to show the trial court what the medical examiner would

have testified to regarding her prior disciplinary action. The trial

court sustained the State’s objection and curtailed Summerville’s

questioning about the medical examiner’s suspension and

subsequent disciplinary action, “unless it goes to [the medical

examiner’s] ability to perform autopsies and her medical

experience.” The trial court also struck from the record

Summerville’s question about the medical examiner’s prior

disciplinary action, as well as the medical examiner’s response, and

instructed the jury to disregard it. On appeal, Summerville contends

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that the trial court denied his right to a thorough and sifting crossexamination of the medical examiner regarding partiality and bias.

We disagree.

“The permissible scope of cross-examination is committed to

the sound discretion of the trial court, and we review a limitation of

the scope of cross-examination only for abuse of discretion.” Nicely

v. State, 291 Ga. 788, 796 (4) (733 SE2d 715) (2012) (citation and

punctuation omitted). “That discretion is circumscribed, of course,

by our Evidence Code, which provides that the accused is entitled to

a ‘thorough and sifting cross-examination’ of witnesses for the

prosecution. OCGA § 24-6-611 (b).” Lucas v. State, 303 Ga. 134, 137

(2) (810 SE2d 490) (2018). It is further circumscribed by the

Confrontation Clauses of the United States and Georgia

Constitutions, 2 “which secure, among other things, the right of the

accused to cross-examine the witnesses against him.” Id.

Though “this right of cross-examination includes a right to

inquire into the partiality and bias of witnesses,” that right is not

2 See U.S. Const. Amend. VI; Ga. Const. of 1983, Art. I, Sec. I, Par. XIV.

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without its limits. Id. Rather, an accused is entitled to a “reasonable

cross-examination on the relevant issue of whether a witness

entertained any belief of personal benefit from testifying favorably

for the prosecution.” Id. (emphasis in original; citation and

punctuation omitted); see also Howard v. State, 286 Ga. 222, 225 (2)

(686 SE2d 764) (2009) (“[T]he right of cross-examination integral to

the Sixth Amendment right of confrontation is not an absolute right

that mandates unlimited questioning by the defense.” (citation and

punctuation omitted)). And trial courts “retain wide latitude to

impose reasonable limits on cross-examination based on concerns

about, among other things[,] interrogation that is only marginally

relevant.” Nicely, 291 Ga. at 796 (4) (citation and punctuation

omitted). On the record in this case, we cannot say that the trial

court abused its discretion by restricting Summerville’s crossexamination of the medical examiner. Here, evidence that the

medical examiner was disciplined for telling an inappropriate joke

and had agreed not to engage in “any further inappropriate action”

was, at best, marginally relevant to the issue of the medical

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examiner’s potential bias in favor of the State. But Summerville

failed to make the requisite showing that such evidence was

meaningfully probative of the issue of potential bias. See Olds v.

State, 299 Ga. 65, 75 (2) (786 SE2d 633) (2016) (“Relevance and

probative value are related, but distinct, concepts. Relevance is a

binary concept—evidence is relevant or it is not—but probative

value is relative. Evidence is relevant if it has “any tendency” to

prove or disprove a fact, whereas the probative value of evidence

derives in large part from the extent to which the evidence tends to

make the existence of a fact more or less probable. . . . [T]he extent

to which evidence tends to make the existence of a fact more or less

probable depends significantly on the quality of the evidence and the

strength of its logical connection to the fact for which it is offered.”

(emphasis in original)).

In arguing before the trial court that he should be able to crossexamine the medical examiner about the prior disciplinary action

for the purpose of showing bias, Summerville did not seek to proffer

evidence from which the trial court could find a connection between

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the disciplinary action and any motivation on the part of the medical

examiner to testify favorably to the State. Instead, Summerville

offered only argument in support of this line of questioning. To that

end, trial counsel vaguely referenced “what [she had] read” and

“what was widely reported” about the disciplinary action and

speculated that the medical examiner, by virtue of her employment

with the GBI, was biased toward both the GBI and the State. These

arguments, unsupported by a proffer of evidence, were insufficient

to establish that testimony about the medical examiner’s

disciplinary action was related to and thus probative of the issue of

her potential bias for the State. See Smith v. State, 310 Ga. 790, 793

(2) (854 SE2d 721) (2021) (no abuse of discretion in restricting crossexamination of State’s witnesses about their potential involvement

in other crimes as a motive to testify favorably for the State where

appellant offered no evidence to support basis for alleged bias);

Jones v. State, 305 Ga. 653, 655-656 (2) (827 SE2d 254) (2019)

(holding that trial court did not abuse its discretion in restricting

cross-examination of witness about potential bias for the State

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arising from prior first-offender plea where appellant “made no

proffer explaining a relationship between [the witness’s plea] and

her testimony in his case”).

By contrast, evidence of the prior disciplinary action, as the

State emphasized to the trial court, could have impugned the

medical examiner’s character, and it certainly carried the potential

to prejudice jurors against her. See Lucas, 303 Ga. at 138-139 (2);

Johnson v. State, 316 Ga. 672, 685 (5) (89 SE2d 914) (2023) (“[A]

defendant does not have carte blanche to question a witness on

issues of marginal relevance that are intended primarily to impugn

the witness’s character or motives.”). See also OCGA § 24-4-403

(“Relevant evidence may be excluded if its probative value is

substantially outweighed by the danger of unfair prejudice . . . .”);

OCGA § 24-6-611 (a) (3) (“The court shall exercise reasonable control

over the mode and order of interrogating witnesses and presenting

evidence so as to . . . [p]rotect witnesses from harassment or undue

embarrassment.”). In sum, on the record before us, we cannot say

that the trial court abused its discretion by limiting cross14

examination about the medical examiner’s prior disciplinary action,

and this claim fails.

Judgment affirmed. All the Justices concur.

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