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COLEY v. STATE
Summary of Opinion: Coley v. The State, A95A2289 (Court of Appeals of Georgia, Mar. 6, 1996)
Factual and Procedural Background
Gladys Coley was convicted of voluntary manslaughter in Laurens Superior Court (before Judge Flanders). The events leading to the conviction, as described in the opinion, occurred after a reported assault. Officer Allen Brantley found Coley at her aunt's home, wearing a nightgown, bleeding from her hand and with blood on her arms. Coley had arrived at the aunt's home naked and had been banging on the door for help. Prior to the officer's arrival she told other officers that her husband had beaten her. Brantley observed the smell of alcohol and allowed emergency medical technicians to transport Coley to the hospital. At the hospital, after being given Miranda warnings, Coley described to Brantley an altercation in which her husband allegedly hit her with the butt end of a hammer, pushed her into a mirror that shattered, and later pursued her as she fled naked. Coley said she grabbed a piece of the broken mirror and attempted to stab her husband in self-defense; she was uncertain whether she wounded him. The husband was later found dead from multiple sharp force injuries to his left arm and right wrist. A piece of broken mirror was recovered from weeds at the aunt's home and a stick was found in the street where Coley admitted attempting to stab her husband. Coley testified similarly at trial but added that she did not think her husband was trying to kill her, that she ran out to scare or protect herself, and that he stopped hitting her with the hammer when she said she needed to use the restroom. A paramedic testified that Coley's head showed no sign of injury.
Coley appealed her conviction, challenging the general grounds (sufficiency of the evidence) and the trial court's jury instruction on justification. The Court of Appeals reversed.
Legal Issues Presented
- Whether the evidence supported the voluntary manslaughter verdict or whether the evidence demanded a finding that Coley acted solely in self-defense (justification).
- Whether the trial court erred by failing to instruct the jury that the State must prove the absence of the elements of the defendant's justification defense (i.e., the State's burden to disprove self-defense beyond a reasonable doubt).
Arguments of the Parties
Appellant's (Coley's) Arguments
- The evidence did not support a voluntary manslaughter conviction because it established that she acted solely to defend herself from her husband's continuous attacks.
- The trial court failed to instruct the jury on the State's burden to prove the absence of the elements of her justification (self-defense) defense.
Appellee's (State's) Arguments
- The State argued the omission of an instruction regarding the State's burden does not require reversal because the trial court's charge on justification was given verbatim from Coley's own written request.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Syms v. State, 175 Ga. App. 179, 332 S.E.2d 689 (1985) | Distinguishes voluntary manslaughter from justifiable homicide; describes circumstances constituting voluntary manslaughter (sudden passion causing wilful killing when not necessary for self-protection). Also noted that "the fear of some danger can be sufficient provocation to excite the passion necessary for voluntary manslaughter." | The court relied on Syms to explain the legal distinction between voluntary manslaughter and justification and to observe that fear may constitute provocation supporting voluntary manslaughter rather than a purely justifiable killing. |
| Nelson v. State, 213 Ga. App. 641, 445 S.E.2d 543 (1994) | Credibility determinations are for the jury; also held that failure to instruct on the State's burden regarding justification is harmful as a matter of law. | The court cited Nelson to affirm that credibility was a jury matter and to support the proposition that omission of a required instruction on the State's burden when justification is claimed constitutes substantial, harmful error. |
| Cottrell v. State, 210 Ga. App. 55, 435 S.E.2d 272 (1993) | Supports the proposition that the jury may reject a defendant's testimony where contradicted by other evidence. | The court used Cottrell to justify that the jury was authorized to reject Coley's testimony based on the paramedic's testimony contradicting her account of head injury. |
| Printup v. State, 217 Ga. App. 495, 458 S.E.2d 662 (1995) | Holds that when justification is asserted, failure to instruct the jury on the State's burden is harmful as a matter of law. | The court cited Printup alongside Nelson to support reversal for omission of the burden instruction. |
| Singleton v. State, 146 Ga. App. 72, 245 S.E.2d 473 (1978) | When a judge undertakes to charge on a subject, he must charge all that is material and applicable. | The court invoked Singleton to state the trial court's duty to charge all material elements of the justification defense when addressing that subject. |
| Austin v. State, 218 Ga. App. 90, 460 S.E.2d 310 (1995) | Omission of the required instruction on the State's burden regarding self-defense is harmful as a matter of law and requires reversal and a new trial. | The court cited Austin to conclude that the omission in this case was harmful as a matter of law, necessitating reversal and a new trial. |
Court's Reasoning and Analysis
On the sufficiency/general-grounds challenge, the court observed that the determination of guilt turned largely on Coley's credibility, which is a question for the jury (citing Nelson). The court noted that aspects of Coley's account—particularly her initial claim of hammer blows to the head—were undermined by a paramedic who saw no sign of head injury; under Cottrell the jury was therefore authorized to reject her testimony. The court also reasoned that reasonable minds could differ as to whether Coley was justified in abandoning escape and confronting her husband with the mirror piece, especially given her testimony that she did not believe her husband intended to kill her and that he stopped hitting her with a hammer at one point. The court further observed (citing Syms) that fear of some danger can constitute provocation sufficient to support voluntary manslaughter rather than a finding of justifiable homicide. Based on these points, the court concluded that the evidence did not demand a finding that Coley acted solely in self-defense.
On the instructional-error challenge, the court addressed Coley's contention that the trial court failed to instruct the jury that the State must prove the absence of elements of her justification defense beyond a reasonable doubt. The State argued no reversal was required because the trial court's justification charge was given verbatim from Coley's request. The court rejected that position, explaining that when the affirmative defense of justification is raised, the trial court must instruct the jury on all elements of that defense, including the State's burden to disprove self-defense beyond a reasonable doubt. The court characterized the failure to give such an instruction as "substantial error in a jury charge which is harmful as a matter of law" (citing Nelson and Printup). The court also relied on Singleton's principle that a judge who charges on a subject must charge all material and applicable points. Because the Suggested Pattern Jury Instructions include the requirement that the State prove beyond a reasonable doubt that the defendant did not act in self-defense and that instruction was omitted here, the court found the omission harmful as a matter of law and dispositive.
Holding and Implications
Holding: The Court of Appeals reversed Coley's conviction. The opinion states the judgment was reversed and, by citation to Austin, concludes the omission of the required burden instruction requires reversal and a new trial. Emphasizing the core ruling: JUDGMENT REVERSED.
Implications: The direct effect is that Coley's conviction for voluntary manslaughter was reversed and she is entitled to a new trial. The opinion bases reversal on established Georgia precedent regarding the necessity of instructing the jury on the State's burden when justification is raised. The opinion does not announce a new legal principle beyond applying and following existing authority.
RUFFIN, Judge.
Gladys Coley appeals her conviction of voluntary manslaughter, enumerating as error the general grounds and the trial court's charge on justification. For reasons which follow, we reverse.
Responding to a call reporting an assault, Officer Allen Brantley discovered Coley at her aunt's home, clad in a nightgown, her arms bathed in blood, and bleeding from her hand. He learned that Coley arrived at the home naked and had been beating on the door for help. Brantley described Coley as "uncontrollable" and uncooperative with the emergency medical technicians. He also testified that he detected the smell of alcohol about her body. Prior to Brantley's arrival, Coley told other officers at the scene that her husband had beaten her. Brantley did not question her at the scene but allowed the emergency medical technicians to transport her to the hospital.
Approximately forty-five minutes later at the hospital, Coley appeared coherent. Brantley administered Coley's Miranda warnings, and she discussed with him the events which led to her injury.
According to Brantley, Coley said that while she and her husband were out drinking with friends earlier that night, Mr. Coley argued with her about an old boyfriend. The argument continued when they returned home, where Mr. Coley repeatedly hit her in the head with the butt end of a hammer. He also pushed her into a mirror with such force that it fell to the floor and shattered. Mr. Coley allegedly picked up a piece of the broken mirror and "swung" it at Coley. The argument then ceased temporarily, and Coley attempted to clear away the broken mirror. After a short time the arguing resumed, and Coley fled the house, naked, with Mr. Coley in pursuit. Coley alleged that a short distance from the house, Mr. Coley began to hit her with a stick. Brantley testified that Coley claimed she then attempted to stab Mr. Coley in self-defense with a piece of the mirror she had taken from the house. She was uncertain as to whether she actually wounded Mr. Coley and ran across a field to her aunt's home.
Mr. Coley's body was discovered in front of the Coleys' front porch. He died as the result of multiple sharp force injuries to his left arm and right wrist. The police recovered a piece of broken mirror from weeds at the home of Coley's aunt, and a stick was found in the street where Coley admitted attempting to stab Mr. Coley.
Coley essentially testified to the same general sequence of events related by Officer Brantley. However, she also testified that she did not know why Mr. Coley started beating her; that she did not think he was trying to kill her; that she ran out of the house with a broken piece of mirror to protect herself and scare her husband; and that his hands were empty when he left the house but that he picked up the stick when they ran out into the street. A paramedic who examined Coley's head testified that she observed no sign of injury. With regard to the hammer attack, Coley also testified that Mr. Coley stopped hitting her when she told him she needed to use the rest room.
1. Coley contends the evidence did not support the verdict but instead established that she was acting solely to defend herself from her husband's continuous attacks.
"The distinguishing characteristic between voluntary manslaughter and justifiable homicide is that the accused was so influenced and excited that [she] reacted passionately rather than simply to defend [herself]. [Cit.] Circumstances necessary to show voluntary manslaughter, as opposed to justifiable homicide, relate to a situation which arouses sudden passion in the person killing so that, rather than defending [herself], [she] wilfully kills the attacker, albeit without malice aforethought, when it was not necessary for [her] to do so in order to protect [herself]. [Cit.]" Syms v. State, 175 Ga. App. 179, 180(1) ( 332 S.E.2d 689) (1985).
The question of Coley's guilt rests largely on her credibility, which was for the jury to decide. Nelson v. State, 213 Ga. App. 641(1) ( 445 S.E.2d 543) (1994). Coley's account of Mr. Coley's attack, particularly her initial claim that Mr. Coley hit her with a hammer, was drawn into question by the paramedic who examined her head and observed no sign of injury. Therefore, the jury was authorized to reject her entire testimony. See Cottrell v. State, 210 Ga. App. 55, 57 ( 435 S.E.2d 272) (1993). Moreover, reasonable minds might differ as to whether Coley was justified in abandoning her attempt to escape Mr. Coley and the necessity of confronting him with the broken piece of mirror, particularly in light of her testimony that she did not believe Mr. Coley was trying to kill her and that he ceased beating her with the hammer when she merely informed him that she needed to use the rest room. And, even if Coley were fearful, we have held that "[t]he fear of some danger can be sufficient provocation to excite the passion necessary for voluntary manslaughter. [Cit.]" Syms, supra. Accordingly, we conclude that the evidence did not demand a finding that Coley acted solely in self-defense.
2. Coley also enumerates as error the trial court's failure to instruct the jury on the State's burden to prove the absence of the elements of her justification defense. The State contends the court's omission does not require reversal because the charge on justification given by the court was read verbatim from Coley's request. However, when the affirmative defense of justification is raised by a defendant, the trial court's failure to so instruct the jury, even without a written request, constitutes "substantial error in a jury charge which is harmful as a matter of law." (Emphasis supplied.) Nelson, supra, at 643(3); Printup v. State, 217 Ga. App. 495 ( 458 S.E.2d 662) (1995). Furthermore, "when the judge undertakes to charge the law on any subject, he must charge upon all that is material and applicable in the case." Singleton v. State, 146 Ga. App. 72, 74(2) ( 245 S.E.2d 473) (1978).
Therefore, notwithstanding Coley's written requests on the use of force and reasonable fear, the trial court had a duty to charge the jury on all of the elements of the affirmative defense of justification, including the State's burden of proof. The requirement that the State prove beyond a reasonable doubt that the defendant did not act in self-defense is set forth in the charge on justification contained in the Suggested Pattern Jury Instructions, Vol. II, Criminal Cases (July 1991). Its omission from the instructions in this case was harmful as a matter of law, requiring the reversal of Coley's conviction and a new trial. Austin v. State, 218 Ga. App. 90(2) ( 460 S.E.2d 310) (1995).
Judgment reversed. Pope, P.J., concurs, Beasley, C.J. concurs in judgment only.
RUFFIN, Judge.
DECIDED MARCH 6, 1996.Alert