Griffin v. State

• Decision Date: 25 June 2007
• Docket Number: No. S07A0385.,S07A0385.
• Citation: Griffin v. State, 647 S.E.2d 36, 282 Ga. 215 (Ga. 2007)
• Parties: GRIFFIN v. The STATE.
• Court: Georgia Supreme Court

282 Ga. 215

647 S.E.2d 36

GRIFFIN v. The STATE.

No. S07A0385.

Supreme Court of Georgia.

June 25, 2007.

Thomas L. Kirbo III, The Kirbo Law Firm, Jon Vincent Forehand, Allen & Forehand, Moultrie, for appellant.

J. David Miller, District Attorney, Robert Ray Auman, Assistant District Attorney, Thurbert E. Baker, Attorney General, Robin Joy Leigh, Assistant Attorney General, for appellee.

SEARS, Chief Justice.

The appellant, Michael Griffin, appeals from convictions in the Superior Court of Thomas County for malice murder and kidnapping with bodily injury stemming from the death of Jenny Rhames.¹ On appeal Griffin, contends, among other things, that the evidence is insufficient to support his convictions, that the trial court erred in denying his motion for change of venue, and that the trial court erred in denying his motion to dismiss for lack of a speedy trial. Finding no merit to Griffin's contentions, we affirm his convictions.

1. The victim and Griffin shared a home together in Thomasville, Georgia, for a number of years, during which time they had two children. The couple eventually separated, and in April 1991, the victim moved into her own trailer in Thomasville. Meanwhile, Griffin had begun dating a woman who lived in McIntosh County, Georgia, about 170 miles from Thomasville.

The State introduced evidence that on Saturday, June 29, 1991, Griffin drove to McIntosh County with his two children and with the victim's 14-year-old sister. At that time, Griffin was taking care of his two children, with the help of the victim's sister, because the victim was going to Florida that same day to take care of another sister who had been seriously injured in an automobile accident on June 18, 1991. When Griffin arrived in McIntosh County, he stayed at his girlfriend's house. On Monday, July 1, Griffin left his children and the victim's 14-year-old sister with his girlfriend in McIntosh County, and returned to Thomasville. The victim's mother, who was in Florida with the victim and the victim's injured sister, testified that the victim returned to Thomasville, Georgia, on Sunday, June 30, but that she was planning to return to Florida after work on July 2.

Several witnesses testified that, because the victim was going to return to the hospital in Florida on the night of July 2, Griffin was going to keep the victim's dog in the pen behind his trailer while she was away. According to one witness, Griffin was supposed to come by the victim's place of work on July 2 and pick up her dog there, but he did not come. A neighbor of Griffin's testified that she saw the victim driving to Griffin's trailer about 8:30 to 8:45 p.m. on Tuesday, July 2. The victim's mother testified that the victim did not arrive in Florida on the night of July 2, as planned.

On the afternoon of July 3, 1991, Griffin's trailer burned to the ground. The victim's car was found in front of the home, with the keys in the ignition. The car, however, would not start because a coil wire was disconnected. There was also evidence that a lawn mover with the gas cap removed was near the back steps of the trailer and that a five-gallon gas can was on the top step. Several witnesses testified that there were burn patterns in an irregular shape on the top step and the back porch, and that the burn pattern was consistent with a burn from a flammable liquid. No human remains were found in the trailer, and the victim could not be located.

On July 5, 1991, Griffin told the police that he had removed the coil wire from the victim's car because he did not want the victim to leave on the evening of July 2. Griffin also told the police that he left the trailer about 4-5 a.m. on July 3; that the victim was in the trailer cooking; that he drove to his girlfriend's house in McIntosh County; and that he had obtained permission from his boss to be off work that day. Griffin's boss, however, testified that Griffin had not asked for the day off, and another witness who knew Griffin well testified that she saw Griffin at a gas station in Thomasville about 8:00 a.m. on July 3. One of the police officers who spoke with Griffin on July 5 testified that the top of Griffin's knuckles were busted and had fresh scars. Several witnesses testified that Griffin returned to McIntosh County late in the afternoon on July 3, and that he looked extremely tired and appeared to have a fever. After the victim's mother called Griffin on July 4 telling him that his trailer had burned and that the victim was missing, Griffin told his girlfriend and his children that he was leaving McIntosh County to drive back to Thomasville. Although Griffin drove off in his truck, he did not drive to Thomasville, but returned to his girlfriend's home.

Jacob Yorkey, an inmate who was in jail with Griffin following his arrest, testified that Griffin told him that the victim had come to his trailer to drop off her dog; that he disconnected the coil wire in her car; that he and the victim then went back into the trailer and had an argument; that she told Griffin to fix her car and that she would walk from his house if she had to; that Griffin did not like that statement and that Griffin then "got her into the house" where they got into a big argument that resulted in Griffin hitting the victim. Yorkey added that Griffin told him that the victim hit her head when she fell and died. According to Yorkey, Griffin told him that he attempted to cut up the victim's body; that he (Griffin) torched his trailer because there was blood everywhere; that he had used a gas can to burn his bloody clothes and the trailer; and that he had used a hatchet and an ax to cut the victim's body.

Several of the victim's family and friends testified that they frequently saw bruises on the victim and that the victim told them that Griffin had caused the bruises. These same family members and friends also testified that, in April 1991, they saw the victim with bruises; that the victim was trembling and shaking; and that the victim told them that Griffin had beaten and raped her.

Moreover, Bonnie Miles, who was a friend of the victim's sister, testified that about June 15, 1991, she was at a bar in Florida with the victim, Griffin, and the victim's sister. She added that they discussed the difficulties that Griffin and the victim were having; that the victim's sister told Griffin that the victim was leaving him; and that Griffin responded by stating that, if "that stupid bitch leaves and takes my kids with her, I will cut her fucking throat." According to Miles, the victim's sister then told Griffin that he had better not hurt her sister, and that Griffin then stated that "I will do one better. I'll cut her fucking head off." Miles testified that the victim's sister left the table; that Miles told Griffin to "leave it alone"; and that Griffin stated that the victim was his "bitch and ain't nobody else going to have her."

Rhonda Black, the victim's first cousin, testified about seeing bruises on the victim, and testified that, in November 1990, Griffin showed her a knife that was 10-12 inches long and told her that it would be a perfect murder weapon. Black also testified that, on May 24, 1991, she spent the night at the victim's trailer; that about midnight, she heard banging on the door and heard Griffin's voice; that Griffin yelled that, if the victim had a man in the house, he would kill her; that Griffin threw a letter in the trailer; that she was familiar with Griffin's voice and handwriting; that the letter to the victim was threatening; and that she saw Griffin's truck parked on the road by the victim's driveway. Rhonda also testified that, at a child custody hearing in May 1991, she heard Griffin threaten to kill the victim.

In October 1991, the skeletal remains of the victim were found by a hunter in an isolated part of McIntosh County, Georgia, about 10 miles from the home of Griffin's girlfriend. The victim had been decapitated, and her head was never found. Also, the victim's body had been burned with the use of a rubber inner tube.

a. Although Griffin contends that the evidence is insufficient to support his conviction for malice murder, a review of the evidence in the light most favorable to the verdict shows that a rational trier of fact could have found Griffin guilty beyond a reasonable doubt for the malice murder of the victim.²

b. As for Griffin's contention that the evidence is insufficient to support his conviction for kidnapping with bodily injury, he specifically contends that the evidence is insufficient to show asportation of the victim. For the reasons that follow, we disagree.

The requirement of asportation is satisfied if there is movement of the victim, however slight.³ Here, there is evidence from which the jury could infer that Griffin forced the victim to move from her car into the house where he killed her. In this regard, Yorkey, Griffin's fellow inmate, testified that Griffin told him that, when the victim arrived at his house, he disconnected the coil in her car; that they went into the house and got into an argument; and that the victim stated that she wanted her car fixed and would walk back home if she had to. According to Yorkey, Griffin stated that he then "got [the victim] in the house" where he then hit her. We conclude that this is sufficient evidence by which a rational trier of fact could have found that Griffin wanted the victim to remain at his house, and that he accomplished this goal by removing the coil wire from her car and persuading her to go back inside instead of walking away.⁴

Griffin also contends that the evidence is insufficient to support his conviction for kidnapping with bodily injury because there no evidence that the bodily injury that was alleged in the indictment—that the victim's arm was cut—occurred before death.⁵ Although we agree that there is no evidence showing that the alleged injury to the victim occurred before death, we do not agree with...