Citation Codes

Equivalent Citations

citation codes

Docket Number

No. S23A0420

Judges

ELLINGTON, Justice.

Acts

— EVIDENCERELEVANT EVIDENCE —4-404 - Character evidence not admissible to prove conduct; exceptions; other crimes
— APPEAL AND ERRORAPPEAL OR CERTIORARI BY STATE IN CRIMINAL CASES —7-1 - [Effective Until 7/1/2023] Orders, decisions, or judgments appealable; defendant's right to cross appeal
— EVIDENCERELEVANT EVIDENCE —4-402 - Relevant evidence generally admissible; irrelevant evidence not admissible
— EVIDENCERELEVANT EVIDENCE —4-403 - Exclusion of relevant evidence on the grounds of prejudice, confusion, or waste of time
— EVIDENCERELEVANT EVIDENCE —4-401 - "Relevant evidence" defined

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Smart Summary

Summary of Opinion: THE STATE v. WILLIAMS, S23A0420 (May 2, 2023) — Ellington, J.

Factual and Procedural Background

Michael Williams was indicted in Telfair County in connection with the March 28, 2021 shooting death of Sandra Fields. The indictment charged him with two counts of felony murder, first-degree burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The State filed notice under OCGA § 24-4-404(b) (Rule 404(b)) seeking to introduce other-acts evidence, identifying Williams's January 2017 arrest for family violence battery against Sommer Sheffield. After a pretrial hearing, the trial court ruled the 2017-battery evidence inadmissible, concluding that its probative value was substantially outweighed by undue prejudice because the testimony was intrinsically linked to evidence of Williams's drug use and an extramarital affair. The State appealed the Rule 404(b) exclusion under OCGA § 5-7-1(a)(5), contending the trial court misapplied the Rule 403/404(b) balancing test and abused its discretion. The Supreme Court vacated the trial court's ruling in part and remanded for reconsideration under the proper framework.

Legal Issues Presented

Whether the trial court misapplied the Rule 404(b) and Rule 403 balancing framework and thus abused its discretion in excluding evidence of Williams's 2017 battery.
Whether the probative value of Sheffield's testimony about the 2017 incident (as evidence of motive, intent, and absence of accident) was substantially outweighed by the danger of unfair prejudice such that exclusion was warranted.

Arguments of the Parties

Appellant's (State) Arguments

The State argued the 2017-battery evidence was admissible under Rule 404(b) to prove motive, intent, and absence of accident because Williams expected to deny intent and claim the shooting was accidental.
The State explained Sheffield would testify that Williams smashed her phone when she called 911, used phone-damage as a mechanism of control, did not leave when asked, and physically assaulted her after she asked him to leave—all facts the State claimed were similar and probative of the charged offense.
The State argued the trial court undervalued probative value and overvalued prejudice, and that extramarital nature of the 2017 relationship (and drug use) posed low additional prejudice because Williams's extramarital relationship with Fields in 2021 would already be before the jury (Williams's wife was a listed witness).

Defendant's (Williams) Arguments / Position

Williams's pretrial statements asserted the shooting was accidental and occurred during a struggle in which Fields brandished a gun; he claimed he grabbed the gun to defend himself, the gun discharged, and the shot killed Fields. The opinion reflects that Williams maintained lack of intent and accident as his primary defense.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Harrison v. State, 310 Ga. 862 (2021)	Illustration that when defendant claims fatal shooting was an accident, evidence of jealousy-fueled violent acts against romantic partners can have significant probative value to show intent and not accident.	The opinion cited Harrison as an example supporting the proposition that other-acts evidence could be highly probative to rebut a defendant's claim of accident, analogous to Williams's asserted accident defense.
Thompson v. State, 308 Ga. 854 (2020)	Where intent was contested, evidence of violent acts against the victim and family members was probative of lack of accident.	Used alongside Harrison to support that prior violent acts can be probative on intent/absence of accident when defendant disputes intent.
Harris v. State, 314 Ga. 238 (2022)	Defines probative value as combination of logical force and trial need; discusses relevance test and Rule 403's unfair prejudice concept.	The court relied on Harris for the definitions of probative value and relevance, and for the principle that unfair prejudice must substantially outweigh probative value to justify exclusion under Rule 403.
West v. State, 305 Ga. 467 (2019)	States the three-part test for admissibility of extrinsic-act evidence under Rule 404(b): relevance to issue other than character, Rule 403 balancing, and sufficient proof by preponderance that defendant committed the prior act.	The court quoted West to state the governing three-part Rule 404(b) test that the trial court must apply in evaluating other-acts evidence.
Morgan v. State, 307 Ga. 889 (2020)	Notes inculpatory evidence is inherently unfavorable; reiterates that only "unfair" prejudice that substantially outweighs probative value permits exclusion.	Used to emphasize that inherent unfavorable nature of inculpatory evidence does not alone justify exclusion absent unfair prejudice under Rule 403.
Jones v. State, 311 Ga. 455 (2021)	Rule 403 exclusion is extraordinary; balancing should favor admissibility in close cases; Rule 403 requires case-by-case common-sense assessment including need, similarity, and temporal remoteness.	The court cited Jones to instruct that Rule 403 balancing must consider prosecutorial need, similarity, and remoteness, and that exclusion under Rule 403 is extraordinary and should be used sparingly.
Pike v. State, 302 Ga. 795 (2018)	Reiterates that in close cases Rule 403 balancing should favor admissibility.	Referenced to support the proposition that Rule 403 exclusions are disfavored and that close calls go to admissibility.
State v. Atkins, 304 Ga. 413 (2018)	Explains abuse-of-discretion review of other-acts rulings and mandates remand where trial court misapplies law or makes clearly erroneous factual findings.	The court relied on Atkins to conclude that where a trial court misapplies law or makes erroneous findings, the appellate court should remand for proper factual findings and legal analysis.

Court's Reasoning and Analysis

The Supreme Court reviewed the trial court's exclusion of Sheffield's testimony under the statutory framework governing admissibility of relevant evidence, Rule 403, and Rule 404(b). It reiterated that relevant evidence is generally admissible (Rule 402) and that extrinsic-act evidence may be admitted under Rule 404(b) if the three-part West test is met: (1) relevance to an issue other than character, (2) probative value not substantially outweighed by unfair prejudice under Rule 403, and (3) sufficient proof by a preponderance that the defendant committed the prior act.

The Court emphasized the definitions and constraints of Rule 403: probative value is a function of logical force and the need for evidence on the point (Harris); unfair prejudice requires a showing that the evidence would lure the factfinder to decide on an improper basis rather than on proof specific to the charged offense (Harris, Morgan). Rule 403 exclusion is an extraordinary remedy and, in close cases, the balancing should favor admissibility (Jones, Pike).

Applying those principles, the Court concluded that the trial court erred in the way it balanced probative value against prejudice. The trial court had deemed the 2017-battery testimony inadmissible primarily because it was "intrinsically linked" to evidence that Williams used drugs and engaged in an extramarital affair. The Supreme Court found that, given the State intends to call Williams's wife as a witness so that the jury will already be aware of Williams's extramarital relationship with Fields, the fact that the 2017 relationship with Sheffield was also extramarital carried very little additional prejudicial impact. Accordingly, that aspect of the trial court's reasoning was entitled to minimal weight in the Rule 403 balancing, and the trial court erred in excluding the testimony on that basis.

The Court noted that the trial court relied solely on the connection to drug use as the remaining basis for exclusion; the Supreme Court vacated the ruling and remanded for the trial court to perform the balancing test anew, weighing the probative value of Sheffield's testimony against any undue prejudice resulting from its connection to Williams's drug use. The Court also observed (but did not decide) that the State's examination could be tailored and limiting instructions used to mitigate prejudice. The Court treated references in the trial court's order to a nonexistent OCGA section as scrivener's errors and declined to treat that as a basis for reversal.

Holding and Implications

VACATED IN PART AND REMANDED.

Holding: The Supreme Court vacated the trial court's exclusion of the 2017-battery evidence under Rule 404(b)/Rule 403 and remanded for the trial court to reweigh the probative value and prejudicial effect under the proper framework.

Implications: On remand the trial court must reconsider Sheffield's testimony under the correct legal analysis — applying the three-part Rule 404(b) test and conducting a Rule 403 balancing that gives appropriate weight to (a) the State's need for the evidence to rebut Williams's accident defense and prove motive/intent, (b) the similarity of the other act to the charged offenses, and (c) the limited prejudicial effect of extramarital-status evidence given other evidence already expected to be before the jury. The Supreme Court's decision did not disturb other rulings in the trial court's order and did not establish a new broad precedent beyond application of existing Rule 403/404(b) principles; it directed the trial court to exercise its discretion with adequate factual findings and correct legal analysis.

Judgment vacated in part, and case remanded. All the Justices concur.

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THE STATE v. WILLIAMS.

ELLINGTON, Justice.

In connection with the shooting death of Sandra Fields in her home on March 28, 2021, Michael Williams was indicted in Telfair County on two counts of felony murder, burglary in the first degree, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The State filed notice of its intent to introduce evidence of other wrongs, crimes, or acts pursuant to OCGA § 24-4-404 (b) ("Rule 404 (b)"). The State specified that the other-acts evidence would be offered as evidence of Williams's motive and intent in killing Fields and would include Williams's January 2017 arrest for family violence battery against another woman, Sommer Sheffield. After a hearing, the trial court ruled that evidence of the 2017 battery was inadmissible, on the basis that the probative value of the evidence was substantially outweighed by undue prejudice. The State appeals the ruling pursuant to OCGA § 5-7-1 (a) (5), contending that the trial court misapplied the applicable balancing test and abused its discretion in excluding evidence of Williams's prior act of domestic violence. For the reasons explained below, we vacate the trial court's ruling and remand for the trial court to reconsider the matter under the proper framework.

We note that the appealed order contained rulings on multiple evidentiary matters. Only the Rule 404 (b) ruling is at issue in this appeal; the remainder of the court's order is unaffected.

In arguing that evidence of the 2017 battery should be admitted in this case, the prosecutor stated that the State expected the evidence to show that, on March 28, 2021, Fields, who was in an sexual relationship with Williams, asked him to leave her home prior to the shooting and that he refused to do so and engaged in a physical struggle with her, which ended in her being shot and killed. The prosecutor also expected the evidence to show that there was a history of conflict between Williams and Fields and that in the past he had damaged her phone, which he used as "a mechanism of control" in their relationship. Based on Williams's pretrial statements about Fields's death, the State expected Williams to deny any intent to harm Fields, as specified in the predicate counts of aggravated assault and burglary, and to rely on a theory of accident and lack of intent as his main defense. The State argued that Sheffield's testimony about the 2017 battery, including that Williams smashed her phone when she tried to call 911, would help in establishing motive, intent, and lack of accident.

In Williams's pretrial statements, he claimed that he and Fields argued at her home about a pickup truck; she told him to leave and went to her bedroom, leaving the door open. Williams stated that, before leaving the house, he needed to retrieve his blood pressure medication and went into Fields's bedroom where he found her standing at the end of the bed, holding a gun. Williams stated that Fields "racked a bullet" and pointed the gun at him with her finger on the trigger, and that, acting only to defend himself, he grabbed her right hand and the gun with his left hand, they struggled, and then the gun went off. Williams stated that the bullet grazed his head, and Fields immediately dropped to the ground. Williams stated that his vision was obscured by blood pouring down his face, and he did not realize at first that Fields had also been hit by the bullet. Williams stated Fields's grandchildren came out of their bedroom after the single shot was fired. In his appellate brief, Williams likewise claims that Fields brandished a gun when he went to get his medication from the bedroom, and the gun discharged as they struggled over it.

See Harrison v. State, 310 Ga. 862, 868 (3) (855 S.E.2d 546) (2021) (Where the defendant claimed a fatal shooting was an accident, and there was no direct evidence, aside from the defendant's own account, of how the shooting transpired, evidence that the defendant had a history of committing jealousy-fueled violent acts against a romantic partner had significant probative value in establishing that his conduct in the charged offenses was intentional and not accidental.); Thompson v. State, 308 Ga. 854, 858-860 (2) (843 S.E.2d 794) (2020) (Where the defendant's intent to commit aggravated assault against the victim, the predicate felony for felony murder, was an issue at trial because he claimed that the victim's injuries resulted from accidental falls, evidence that the defendant committed violent acts against the victim and other family members was probative of lack of accident in the charged offenses.).

At a pretrial hearing on the admissibility of Williams's 2017 arrest for family violence battery, Sheffield testified as follows. For about eight months beginning in 2016 and ending in January 2017, she was in a sexual relationship with Williams, who was married at the time. Williams rented a house for Sheffield, and he stayed there with her sometimes. They smoked crack cocaine together. Three or four times during their relationship, they had "really bad argument[s]" about money and drugs. She described Williams as being mentally abusive, calling her "crack head and whore and stuff like that." Sheffield also described Williams as being "very controlling," and she was not "allowed to leave the house unless [she] notified him." She testified that he gave her drugs "to make [her] stay [at home] while he wasn't there." She testified that she violated his rule about staying home only once, "and it caused a big fight" and "a big uproar." Sheffield left to get food, and Williams arrived while she was away. When she returned to the house, Williams "was mad[,] and he took the food and threw it out the door and [was] very mad about that[,] and [they] started fighting." She told him to leave the home, but he did not leave, and the fight became physical. Sheffield "jumped on the bed" and dialed 911. "[A]s [she] was talking to dispatch[,] [she] got tackled into the wall[.] . . . [Williams] just shattered [her] phone." She was transported to the hospital where she was diagnosed with "a fractured eye socket and multiple fractures of [her] face." No other witnesses testified during the other-acts portion of the pretrial motions hearing.

After the hearing, the trial court ruled that

[t]he prior incident has similarities to the charged offense[s,] including a domestic dispute with a partner wherein [Williams] was requested to leave [the home], did not leave, and a physical altercation ensued. Pursuant to OCGA § 24-4-40[4] (b), the prior incident provides proof of motive and intent thus providing evidence relevant to an issue other than [Williams's] character.

The trial court ruled that evidence of the 2017 battery was inadmissible, however, on the basis that Sheffield's testimony "regarding the domestic violence incident was intrinsically linked to [her] testimony regarding [Williams's] drug use and affair" and therefore "the probative value of [Sheffield's] testimony [was] substantially outweighed by its undue prejudice and shall not be admissible."

Given that there were no eyewitnesses to the discharge of the gun that killed Fields (other than Williams), the State argues that Sheffield's testimony about the 2017 battery will provide evidence that Williams's "violence was a mechanism for control of his intimate partners, a key piece in showing the jury why [he] lashed out at [Fields]," and would provide critical proof of his motive and intent to commit the charged offenses. The State contends that, as the other-acts evidence relates to Williams's infidelity, his wife, Angela Williams, called 911 inquiring about him on the night of Fields's death in 2021 and is a listed witness for the State and that, because the fact that Williams was married will already be before the jury, it can hardly be deemed unduly prejudicial to show that he also cheated on his wife with Sheffield in 2017. The State contends that the trial court undervalued the probative value of the other-acts evidence and overvalued the prejudicial effect of the evidence and therefore abused its discretion when it excluded the evidence under Rules 403 and 404 (b).

The State also contends that the trial court erred in excluding Sheffield's testimony under "OCGA § 24-4-402 (b)," a Code section that does not exist. Although the trial court's order did refer to "OCGA § 24-4-402 (b)," it did so after stating that the State sought to admit the evidence under "OCGA § 24-4-404 (b)," and in the context of correctly articulating the Rule 404 (b) standard. We conclude that the references to "OCGA § 24-4-402 (b)" were merely scrivener's errors, and this claim of error therefore presents nothing for review.

Except as limited by constitutional requirements or as otherwise provided by law, "[a]ll relevant evidence shall be admissible." OCGA § 24-4-402 ("Rule 402"). One such exception is provided in OCGA § 24-4-403 ("Rule 403"): "Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." The probative value of evidence "is a combination of its logical force to prove a point and the need at trial for evidence on that point." Harris v. State, 314 Ga. 238, 262 (3) (a) (875 S.E.2d 659) (2022) (citation and punctuation omitted). "Probative value also depends on the marginal worth of the evidence - how much it adds, in other words, to the other proof available to establish the fact for which it is offered." Id. If particular evidence would be cumulative of other evidence that will be admitted, the probative value of such additional evidence may be limited because of the presentation of other evidence on the same point. See id.

See OCGA § 24-4-401 (Relevant evidence means "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."); Harris v. State, 314 Ga. 238, 262 (3) (a) (875 S.E.2d 659) (2022) ("The test for relevance is generally a liberal one, and relevance is a binary concept - evidence is relevant or it is not[.]" (citations and punctuation omitted)).

Even evidence that reflects on a person's character or a trait of character, which is inadmissible in order to show that the person acted in conformity with such character or trait, may be admitted under Rule 404 (b) for other purposes, "including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Under this statutory framework,

See OCGA § 24-4-404 (a).

extrinsic act evidence may be admitted if a three-part test is met: (1) the evidence is relevant to an issue in the case other than the defendant's character, (2) the probative value is not substantially outweighed by the danger of unfair prejudice as required by Rule 403, and (3) there is sufficient proof for a jury to find by a preponderance of the evidence that the defendant committed the prior act.

West v. State, 305 Ga. 467, 473 (2) ( 826 S.E.2d 64) (2019) (citation omitted). "Rule 404 (b) is a rule of inclusion and Rule 403 is an extraordinary exception to that inclusivity." Id. at 474 (2) (citation omitted).

Inculpatory or incriminating evidence, in that it tends to show that the defendant was involved in a crime or other wrongdoing, is inherently unfavorable to the defendant. Morgan v. State, 307 Ga. 889, 897 (3) (c) (838 S.E.2d 878) (2020). "[I]t is only when unfair prejudice substantially outweighs probative value that Rule 403 permits exclusion." Id. (citation and punctuation omitted). "Rule 403's term 'unfair prejudice' speaks to the capacity of some concededly relevant evidence to lure the factfinder into declaring guilt on an improper basis rather than on proof specific to the offense charged." Harris, 314 Ga. at 263 (3) (a) (citation omitted). See also Morgan, 307 Ga. at 897 (3) (c) (Evidence may be unfairly prejudicial when it has "an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one." (citation and punctuation omitted)). "The exclusion of evidence under Rule 403 is an extraordinary remedy which should be used only sparingly." Jones v. State, 311 Ga. 455, 464 (3) (b) (ii) (858 S.E.2d 462) (2021) (citation and punctuation omitted). See also Pike v. State, 302 Ga. 795, 801 (4) (809 S.E.2d 756) (2018) ("[I]n close cases, balancing under Rule 403 should be in favor of admissibility of the evidence."). In particular, when other-acts evidence is presented to show intent,

Rule 403 requires a case-by-case, common sense assessment of all the circumstances surrounding the extrinsic act and the charged offense. These circumstances include the prosecutorial need for the other-acts evidence, the other-act's overall similarity to the charged crimes, and its temporal remoteness.

Jones, 311 Ga. at 464 (3) (b) (ii) (citation and punctuation omitted).

We review a trial court's decision regarding other-acts evidence under the statutory framework for an abuse of discretion. See Harris, 314 Ga. at 262 (3) (a); State v. Atkins, 304 Ga. 413, 417 (2) (c) (819 S.E.2d 28) (2018). The discretion a trial court exercises in balancing evidence's probative value against the danger of unfair prejudice "is broad, but it is not unlimited. Such discretion does not sanction exclusion of competent evidence without a sound, practical reason." Atkins, 304 Ga. at 422 (2) (c) (citation and punctuation omitted). Even where, as in this context, "a trial court's ultimate ruling is subject to only an abuse of discretion review, the deference owed the trial court's ruling is diminished when the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree." Id. at 417 (2) (citation and punctuation omitted). In such a case, the appellate court should remand the case to the trial court for it to exercise its discretion using adequate factual findings and the correct legal analysis. See id. at 422-423 (2) (c).

In this case, as quoted above, the trial court concluded that the probative value of Sheffield's testimony as proof of motive and intent was substantially outweighed by its undue prejudice because evidence of the 2017 battery was intrinsically linked to evidence that Williams engaged in an extra-marital affair with Sheffield, used illegal drugs, and provided drugs to her. Given that the State intends to call Williams's wife as a witness, the extramarital nature of Williams's relationship with Fields in 2021 will be in evidence. Particularly in light of this other evidence of Williams's infidelity, evidence that Williams's relationship with Sheffield in 2017 was also extramarital has exceedingly low prejudicial impact. See Harris, 314 Ga. at 270-280 (3) (e) (3). Thus, that aspect of the other-acts evidence was entitled to very little weight in the trial court's balancing of the probative value against any unfair prejudice, and the trial court erred in that regard. We therefore vacate the trial court's ruling and remand for the trial court to perform the balancing test anew, weighing the probative value of Sheffield's testimony against any undue prejudice resulting from the evidence's connection to Williams's drug use, the only other factor the trial court relied upon. See Atkins, 304 Ga. at 417 (2) (c).

Given that the State's objective was to elicit evidence that Williams had abused a prior domestic partner, damaging the victim's phone as a means of controlling her, and violently injured the victim after she instructed him to leave her home, we question the trial court's conclusion in deeming Williams's drug use as "intrinsic" to the 2017 domestic violence incident. See Harris, 314 Ga. at 295-296 (7). The State's examination of Sheffield could have been tailored to minimize or eliminate any undue prejudice, particularly when paired with appropriate limiting instructions to the jury. We do not need to determine, however, whether the trial court abused its discretion in this regard, because we are vacating its ruling on other grounds.