Dover v. State
| Decision Date | 02 November 1982 |
| Docket Number | No. 38923,38923 |
| Parties | DOVER v. STATE. |
| Court | Georgia Supreme Court |
Bobby Lee Cook, Cook & Palmour, Summerville, David N. Vaughan, Jr., Velma C. Tilley, Vaughan & Tilley, Cartersville, for Larry Dover.
Darrell E. Wilson, Dist. Atty., Cartersville, Mickey R. Thacker, Asst. Dist. Atty., Michael J. Bowers, Atty. Gen., Victoria H. Soto, Staff Asst. Atty. Gen., Atlanta, for the State.
Larry Dover was convicted by jury of murdering his estranged wife, Linda Dover, by stabbing her, and sentenced to life imprisonment.
Linda Dover's mother, Mamie Jo Rowland, testified that Linda had been married to Dover for approximately ten years, and had separated from him on prior occasions, the last being on December 15, 1980. On that night, Linda had fled to her mother's house, distraught, dressed in a nightgown and housecoat. For the next ten days, Linda and her eight year-old son, Todd, remained at the homes of her mother or her sister.
Mrs. Rowland further testified that on December 26, 1980, Linda went to the marital home and telephoned her mother from there at about 6:45 P.M., saying she would come by her mother's house in a few minutes. Linda failed to appear. Mrs. Rowland called the police late that night, met the police at the Dovers' house, unlocked the door with her key, talked to Dover and Todd, and searched through the house, looking under a bed and in a closet without finding Linda.
The next morning, December 27, Mrs. Rowland and several of her relatives arrived at the Dovers' house. Linda's brother saw blood spots on the back patio and found Linda's body in the crawl space beneath the house, wrapped in a bedspread. She had been stabbed six times.
That morning Lt. Detective Abernathy from the Cartersville Police Department was called to the Dovers' house, where he met two other officers. Mrs. Rowland stated in court that she instructed her son to give Detective Abernathy her key to the Dovers' house, and that she was particularly concerned about locating young Todd.
Mrs. Rowland testified that Dover had given her a key to the house after it was built, some eight months before the murder; that she entered the house whenever she wished, day or night; that the Dovers often entered her house at their pleasure; and that she had taken her friends to the Dovers' house when the Dovers were not at home.
Detective Abernathy testified that he found no one in the house when he entered; that he saw a single bed in the rear bedroom covered only by a blanket; and that he cut out the section of the mattress with a bloodstain. He saw Linda's automobile parked in the carport. Dover's truck was missing.
Detective Abernathy left the house around noon, instructing another officer to secure the crime scene. About 4:00 P.M. he returned with investigators from the state crime laboratory, entered the house without a warrant, searched the house thoroughly, and seized a number of items which were later introduced at trial.
That evening an arrest warrant was issued for Dover, and he turned himself in to the police the following day. His truck was recovered in a secluded area of Paulding County.
The child, Todd, testified that after eating supper with his mother and father on December 26, he and his father drove down the road to deliver a present; that his father realized that he did not have the present with him, and returned to the driveway; that his father stepped into the house and left him waiting for a long time; that he tired of waiting and knocked on the locked door of the house, but could not enter; that his father came back to the truck and took him to visit several relatives; that his mother was not in the house when they returned that night; and that early the next day, his father drove him to his paternal grandmother's house.
A forensic serologist stated at the trial that the blood samples from Linda Dover belonged to International Blood Group A as did blood on a mattress and a pillow from the Dovers' house. That blood of human origin was found on the patio and on the bedroom curtain; and that blood of indeterminate origin was found on gloves and lint material recovered from the dryer in the Dovers' house, from scrapings from the sink and bathtub, and from inside the pocket of trousers worn by Dover when he was taken into custody.
Linda's sister stated that she went to the Dovers' home on November 16, 1980, after Linda had telephoned her crying; that she assisted Linda moving out of the house; and that she heard Dover curse Linda and threaten to kill her.
A friend of Linda's testified that she had seen Dover argue with Linda and knock her to the floor. Other witnesses were permitted to testify over objection that Linda had recounted to them that Dover had abused her sexually, and attempted to choke and smother her.
Dover testified that after supper on December 26, he left the house with Todd to deliver a present; that he drove back home and walked into the house with Todd after he discovered he did not have the gift; that he picked up the present and immediately left to visit his relatives; that Linda was not in the house when he returned that night; and that he did not worry about her, because she often did not spend the night there. He explained that early the following morning, he left Todd at his mother's house; that he checked into a hotel under a fictitious name, because he planned to meet an unnamed woman there; that while driving around town he saw his brother, who told him that the police were looking for him; that he hid his truck on the advice of his brother; and that he had no knowledge of the circumstances of Linda's death. He agreed with Mrs. Rowland, that he had given her the key, and that "[s]he was welcome to [his] house anytime she wanted to come."
1. Dover does not dispute that the police may make a prompt warrantless search of the scene of a homicide to see if there are other victims, or to take other emergency action. Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978); Gilreath v. State, 247 Ga. 814, 279 S.E.2d 650 (1981). However, he argues that during such searches, only evidence discovered in plain view may be seized. He contends that Mrs. Rowland lacked authority to consent to a further search of the premises.
Dover admitted in court that he had given the house key to his mother-in-law, and that she was welcome in his house at any time. No evidence was presented to contradict Mrs. Rowland's assertion that she enjoyed unrestricted access to the house.
The placing of a house key in the hands of one outside the household is not an unrestricted authorization to enter at will, but must be viewed in the light of common practice. It includes the authority...
To continue reading
Request your trial
-
Cargill v. Turpin
...941 F.2d at 1464.15 Hearsay is "an out-of-court statement offered to prove the truth of the matter asserted." Dover v. State, 250 Ga. 209, 296 S.E.2d 710, 713 (1982), cert. denied, 459 U.S. 1221, 103 S.Ct. 1228, 75 L.Ed.2d 462 (1983); see also Lee v. Illinois, 476 U.S. 530, 543 n. 4, 106 S.......
-
Baxter v. State
...from appellant. In addition, Walker was not required to speak with appellant's attorneys if she did not so desire. Dover v. State, 250 Ga. 209, 296 S.E.2d 710 (1982). The district attorney merely informed her of that right. 6 We find no attorneys wished to speak with her, but that she did n......
-
Thornton v. State
...interviewed prior to trial," Dover v. State, 250 Ga. 209(2), 296 S.E.2d 710 (1982), and a child-witness's guardian may make such a decision, id., the trial court did not err in denying Thornton's motion. The videotaped interviews with the children were made by the Douglas County Sheriff's O......
-
State v. Stanley
...of doing so, common authority may properly be inferred, exercised and delegated to the police as in this case. Dover v. State, 250 Ga. 209, 211, 296 S.E.2d 710, 712 (1982), cert. denied, 459 U.S. 1221, 103 S.Ct. 1228, 75 L.Ed.2d 462 (1983). Moreover, the search was a community effort called......