Roberts v. State
Decision Date | 24 August 2020 |
Docket Number | S20A0988 |
Citation | 847 S.E.2d 541,309 Ga. 639 |
Court | Georgia Supreme Court |
Parties | ROBERTS v. The STATE. |
Stephen R. Scarborough, Meghan B. Callier, for appellant.
Paul L. Howard, Jr., District Attorney, Lyndsey H. Rudder, Kevin C. Armstrong, Assistant District Attorneys; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.
Appellant Deanna Roberts pled guilty in federal court to a crime relating to the theft of a medical product, liquid silicone, that Roberts injected into the buttocks of Lateasha Hall, resulting in Hall's death. When she was later indicted in the Superior Court of Fulton County for state crimes arising from Hall's death, including malice murder, Roberts filed a plea of statutory double jeopardy in superior court, contending that under OCGA § 16-1-8 (c), her conviction in federal court barred the state prosecution for all crimes except malice murder. The trial court rejected that claim, and Roberts filed this direct appeal. Because one of the statutory requirements for the OCGA § 16-1-8 (c) bar to apply is not satisfied here, we affirm the trial court's denial of Roberts's plea in bar.
1. To begin, we address a jurisdictional issue that this Court has not squarely addressed before: whether the denial of a statutory double jeopardy claim against successive prosecution under OCGA § 16-1-8 (c) is appealable under the collateral order doctrine. We conclude that it is.
Id. at 774, 784 S.E.2d 775 (citation and punctuation omitted). "Thus, an order that satisfies the requirements of the collateral order doctrine ... would be appealable because it comes within the terms of [the] relevant statutory right to appeal final judgments." Id. (citation and punctuation omitted).
It is well established that the denial of a constitutional double jeopardy claim is appealable under the collateral order doctrine. See Patterson v. State , 248 Ga. 875, 287 S.E.2d 7 (1982). In Patterson , we explained in detail the reasoning for that rule. See id. at 876-877, 287 S.E.2d 7. But with regard to statutory double jeopardy claims like the one presented here, we have no cases fully addressing the issue. For example, in Torres v. State , 270 Ga. 79, 508 S.E.2d 171 (1998), we noted that Torres was bringing "a pre-trial direct appeal" of a plea of former jeopardy based on OCGA § 16-1-8 (c), and we then cited Patterson with no mention of the collateral order doctrine and no analysis of why a statutory double jeopardy claim under OCGA § 16-1-8 (c) was directly appealable under that doctrine.1 See Torres , 270 Ga. at 79, 508 S.E.2d 171. Similarly, the Court of Appeals has summarily held that the denial of a statutory double jeopardy claim is directly appealable. See Sellers v. State , 332 Ga. App. 14, 14-15, n.1, 770 S.E.2d 31 (2015) ( ); McCannon v. State , 168 Ga. App. 471, 471, 309 S.E.2d 636 (1983) ( ).2
Patterson , 248 Ga. at 876, 287 S.E.2d 7 (quoting Abney , 431 U.S. at 662, 97 S.Ct. 2034 ; emphasis omitted).
So too with a claim of statutory double jeopardy. Like in Patterson and Abney , Roberts has asserted a claim seeking protection from successive prosecution, though based on OCGA § 16-1-8 (c) and not the Georgia or United States Constitutions. See Calloway v. State , 303 Ga. 48, 52, 810 S.E.2d 105 (2018) ( ). We thus conclude that the same considerations that led us to hold in Patterson that the denial of a constitutional double jeopardy claim is directly appealable under the collateral order doctrine also apply here. See Carman v. State , 304 Ga. 21, 25, 815 S.E.2d 860 (2018) ( ). Accordingly, we conclude that the denial of Roberts's statutory double jeopardy claim against successive prosecution under OCGA § 16-1-8 (c) is directly appealable under the collateral order doctrine.3
2. We turn now to the specifics of Roberts's claim that OCGA § 16-1-8 (c) bars her prosecution for state crimes arising from Hall's death, because she has already been convicted of a federal offense in federal court for a crime arising from the same conduct.4
Then, on August 8, 2017, Roberts was indicted by a Fulton County grand jury for five state crimes stemming from her injection of liquid silicone into the buttocks of Hall, an act that is alleged to have caused Hall's death when the liquid silicone traveled to Hall's lungs, rendering them useless. The state indictment charged Roberts with malice murder, felony murder predicated on aggravated battery, felony murder predicated on practicing medicine without a license, practicing medicine without a license, and aggravated battery.
In October 2019, Roberts filed a statutory double jeopardy claim, contending that, because she had been convicted of violating 18 USC § 670 in federal court, her state prosecution was barred by OCGA § 16-1-8 (c) for all crimes alleged in the Fulton County indictment except for malice murder. The trial court denied that claim, and Roberts contends on appeal that it erred in doing so.
This Court has explained that three factors must be satisfied for OCGA § 16-1-8 (c) to bar a state prosecution. See Calloway , 303 Ga. at 52, ...
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