Woods v. State
| Decision Date | 28 September 2021 |
| Docket Number | A21A0803 |
| Parties | WOODS v. The STATE. |
| Court | Georgia Court of Appeals |
Amy Lee Copeland, for Appellant.
Patrician B. Attaway Burton, Christopher Michael Carr, Atlanta, Sandra Dutton, John Thomas Durden Jr., Paula Khristian Smith, Atlanta, for Appellee.
Following a jury trial, the Superior Court of Evans County entered a judgment of conviction against Mashoko Woods for one count of neglect of a disabled person ( OCGA § 30-5-8 (a) (2010)).1 Woods appeals from the denial of his motion for new trial as amended, arguing that: (1) OCGA § 30-5-8 (a) (1) (2010) is void for vagueness because it fails to give fair warning that specific conduct is forbidden, thereby violating his due process rights; (2) he received ineffective assistance of trial counsel resulting from counsel's failure to file a void-for-vagueness due process challenge to OCGA § 30-5-8 or to object to the trial court's sua sponte jury instruction defining "caretaker"; and (3) the evidence was insufficient. For the following reasons, we affirm.
Viewed in a light most favorable to the verdict,2 the evidence adduced at trial revealed that the victim, who was born on January 11, 1955, originally lived in Queens, New York. When she was two-and-a-half years old, she contracted encephalitis
from a mosquito bite, which left her permanently mentally disabled.3 The victim lived with her family until she was 28 year old; at that time, the victim's family applied for a home for the victim through a New York social services agency, as her parents were "concerned about aging" and wanted "to make plans for [the victim] to have a good life." The agency located a home for the victim with Zenobia Woods ("Zenobia") approximately 10 miles away. For the next 10 years, the victim's family was able to visit the victim frequently, and the victim's family and Zenobia's family became close.
In 1993, with her mother in failing health in Claxton, Georgia, Zenobia approached the victim's father and asked if she could bring the victim with her to Georgia. The victim's father agreed, and Zenobia and the victim moved to Claxton. For the next several years, Zenobia continued to care for the victim.
In December 2009, Zenobia suffered a brain aneurysm
. At that time, Woods — Zenobia's son — then came to Georgia from Maryland to assist his mother with her care.
The victim's sister, Susan Wilson, arrived at Zenobia's residence for a visit on February 1, 2010. Although the victim was seated at a table and Wilson could not get a good look at her initially, Wilson was concerned about the victim's appearance and began questioning Zenobia and Woods, asking whether the victim had seen a doctor or was taking any medications. When Wilson asked who had been taking care of the victim during Zenobia's recent hospitalization, Woods "said he took care of [the victim]." As the visit progressed, Wilson's concerns intensified, particularly when she "started seeing how emaciated she was" and noticed that her "wrist appeared to be broken" and had "huge knots on her head." The victim nodded off while at the table, and Wilson repeatedly requested that she go to bed. Woods carried the victim to bed, and it was then that Wilson noticed the victim's bed was on the floor and that her room, which was locked from the outside, did not have lighting, a radio, or a television. Wilson also noticed that the victim was wearing diapers, which was unusual since the victim had always been able to address her own toileting needs.
The next day, Wilson telephoned emergency medical technicians and the Evans County sheriff to request that the victim be transported to the hospital for an examination. EMTs arrived at Zenobia's residence, but aside from taking the victim's vital signs, they were unable to examine the victim because she became agitated at the presence of strangers. Zenobia and Woods declined to have the victim transported to the hospital by EMTs, but indicated they would take her on their own.4 Thereafter, Wilson received a telephone call from Woods, who pretended to be a hospital employee, saying there was nothing wrong with the victim. Wilson then called an adult protective services hotline to arrange for a meeting.
On February 3, 2010, Wilson arrived at Zenobia's residence and demanded to see the victim. Zenobia emerged, carrying the victim "like a rag doll." Wilson insisted that the victim be taken to the emergency room, but Woods "took completely over" and did not want Wilson to take the victim. When Wilson asked who had been taking care of the victim in view of the victim's condition, Woods said that he had been taking care of her, denied that the victim was dehydrated or malnourished, and asserted that she was "fine." Woods repeatedly answered questions Wilson directed to Zenobia, and continued to do so after he left the room. Ultimately, Wilson, Zenobia's sister, and two of Wilson's friends who accompanied her were able to remove the victim from the residence and transport her to the hospital.
When the victim arrived at the hospital, nurses could not locate any medical history for the victim. Additional medical records indicated the victim had not seen a doctor since 2008. The victim presented in a "severely debilitative state," including severe dehydration and a low pulse. She was virtually non-responsive, had an enlarged liver, had bedsores
, and had multiple scratches and bruises all over her body. Her body was also contracted, indicating she had been bed-bound or unable to walk for some time. An X-ray of her left wrist also revealed a self-healed spiral fracture. The emergency room doctor who examined the victim stated that she was "in trouble." Although the victim's state-issued identification card listed her weight as 98 pounds, a witness testified that her weight was 55 pounds when she arrived at the hospital.
In an interview with an adult protective services agent after the victim had been removed from Zenobia's residence, Woods stated that the victim was not emaciated and had "been that size her whole damn life"; that he did not need to feed her because "she knows what a spoon is for"; and that she sustained the injuries to her head
because she fell off her bed. However, Woods also admitted to a GBI agent that he voluntarily helped to feed and bathe the victim and launder her clothing.
An Evans County grand jury indicted Woods for two counts of neglect of a disabled person and one count of abuse of a disabled person. At trial, Woods testified that he did not have any obligation to the victim; that he noticed a deformity on the victim's hand; that he noticed lesions on the victim's head; that her weight had decreased substantially; and he repeatedly stated that his mother, Zenobia Woods, who was recovering from a brain aneurysm
, was solely responsible for the victim's care.5 The jury returned a verdict of guilty against Woods on one count of neglect of a disabled person, and the trial court denied Woods’ motion for new trial as amended.6 This appeal followed.7
1. Considering Woods’ fourth enumeration first,8 he argues that the evidence was insufficient to support his conviction. In particular, Woods argues that he lacked a legal duty to obtain medical care for the victim. We are not persuaded.
OCGA § 30-5-3 (8) (2010).
In this case, the State indicted Woods for neglect of a disabled person alleging that he "did wilfully neglect [the victim] ... by means of failing to provide her with essential services ... to the degree that it caused harm to the physical health of [the victim]" in that Woods failed "to see that [the victim] had proper medical care for her multiple head lacerations and pressure ulcers
[.]" Evidence adduced at trial, which is recited in greater detail above, revealed that Woods voluntarily offered some level of care to the victim himself, and interfered with others’ efforts to seek treatment for the victim. Moreover, Woods acknowledged that he had received rudimentary medical training during his service with the United States Navy and noted a deformity on the victim's hand and injuries on her head, but did not seek treatment for the victim — purportedly deferring such decisions to his ailing mother. Taken together, we conclude that the evidence was sufficient for a rational trier of fact to find Woods guilty beyond a reasonable doubt of the crime for which he was convicted. See Jackson v. Virginia , 443 U. S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ; see also Best v. State , ...
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Ulbrich v. State
...determination that no constitutional question was in fact properly raised." (Citation and punctuation omitted.) Woods v. State , 361 Ga. App. 259, 264 (2), 863 S.E.2d 738 (2021) ; see also Vaughn v. State , 352 Ga. App. 32, 37 (2), 833 S.E.2d 723 (2019) ("[T]he Supreme Court's determination......
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Ulbrich v. State
... ... ruling on the merits. "The transfer of [these] appeal[s] ... by the Supreme Court to this Court is a final determination ... that no constitutional question was in fact properly ... raised." (Citation and punctuation omitted.) Woods ... v. State , 361 Ga.App. 259, 264 (2) (863 S.E.2d 738) ... (2021); see also Vaughn v. State , 352 Ga.App. 32, 37 ... (2) (833 S.E.2d 723) (2019) ("[T]he Supreme Court's ... determination in its transfer order is final and ... binding.") (citation and punctuation ... ...
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