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Billy Murrellv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A0225
DecidedJuly 16, 2012
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceOther-Acts EvidenceSufficiency of the EvidenceIneffective Assistance of CounselConfrontation ClauseJury InstructionsReversalDissent
Case Summary

Billy Murrell was convicted of child molestation, sexual battery, stalking, aggravated assault, false imprisonment, terroristic threats, and public indecency after a series of encounters in which women and a child described following, unwanted touching, confinement, sexual assaults, exposure, and threats. The Georgia Court of Appeals affirmed all convictions except terroristic threats. It held that the evidence was sufficient for the remaining offenses and that an acquittal on rape did not invalidate related convictions because Georgia had abolished the inconsistent-verdict rule. But OCGA § 16-11-37 required at least slight corroboration of the circumstances surrounding the alleged threat, and the victim’s testimony that Murrell threatened to hurt or kill her children was completely uncorroborated. The court rejected Murrell’s ineffective-assistance claims, finding reasonable strategy, waiver, or lack of prejudice, and held that an unused similar-transaction instruction was harmless. The court also treated the threat-related reversal as trial error based on evidentiary insufficiency, not a determination that the State could never retry the charge. Judge McFadden, joined by Judges Doyle and Blackwell, would have affirmed the terroristic-threat conviction, reasoning that Murrell’s connected crime spree and a similar threat to another victim supplied corroboration. The judgment was affirmed in part and reversed in part.

Opinion

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