lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
MEDERS v. THE STATE.
S91P1361.
CLARKE, Chief Justice.
Murder. Glynn Superior Court. Before Judge Tuten.
Jimmy Fletcher Meders was convicted in Glynn County of malice murder and armed robbery and sentenced to death. He appealed to this court. We issued an opinion addressing the issues raised on appeal but deferring a sentence review until after proceedings on remand we ordered (at the state's request) to address the issue of trial counsel's effectiveness. Meders v. State, 260 Ga. 49 (10) (389 SE2d 320) (1990). On remand, the trial court conducted a hearing on the issue of effectiveness of counsel and concluded that Meders had not been denied effective assistance of counsel. The court issued a nine-page order fully explaining its conclusion that Meders' trial counsel was effective. The case is again in this court for review of the proceedings on remand and for the sentence review required by OCGA 17-10-35. 1
1. Meders argues the trial court should have appointed to assist him at the remand hearing a mental health expert, a jury composition expert, and a criminal defense attorney to testify as an expert witness on the issue of ineffectiveness.
Meders was represented by two attorneys in the remand proceedings. He was not entitled to the appointment of a third attorney to testify as an expert witness about how properly to try a death penalty case. Nor was expert assistance necessary to determine whether or not the jury lists fairly represented the population of Glynn County. See Spivey v. State, 253 Ga. 187 (7 a) (319 SE2d 420) (1984). Finally, it was not an abuse of discretion to deny Meders' motion for independent psychological assistance. See Christenson v. State, 261 Ga. 80 (2) (402 SE2d 41) (1991).
2. The trial court's nine-page order persuasively demonstrates that Meders has failed to overcome the "strong presumption" that Meders' trial counsel performed effectively. Ferrell v. State, 261 Ga. 115 (3) (401 SE2d 741) (1991).
3. The jury found the presence of two statutory aggravating circumstances supporting its imposition of a death sentence: (1) the offense of murder was committed while the defendant was engaged in the commission of armed robbery, and (2) the defendant committed the offense of murder for the purpose of receiving money or any other thing of monetary value. See OCGA 17-10-30 (b) (2) and (b) (7). The evidence supports these findings. OCGA 17-10-35 (c) (2).
4. We do not find that Meders' death sentence was imposed as the result of passion, prejudice or other arbitrary factor. OCGA 17-10-35 (c) (1). His death sentence is neither excessive nor disproportionate to sentences imposed in similar cases, considering both the crime and the defendant. OCGA 17-10-35 (c) (3). The similar cases listed in the Appendix support the imposition of a death sentence in this case.
APPENDIX.
Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, Staff Attorney, for appellee.
Notes
1  The remand hearing took place March 26, 1991. The trial court issued its order on July 10, 1991. The case was docketed in this court on July 17, 1991. Oral arguments were heard on September 24, 1991.
Maloy & Jenkins, James K. Jenkins, Andru H. Volinsky, for appellant.
DECIDED JANUARY 9, 1992.
Thursday May 21 08:52 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com