Whitus v. State, 287 Ga. 801

Summary

The Supreme Court of Georgia affirmed Madonna Whitus's convictions for malice murder and related offenses arising from the death of Kathie Durant. The court held that the circumstantial evidence was sufficient to support the verdicts, rejected her claim that trial counsel was ineffective for failing to obtain an additional forensic mental-health evaluation, and found that her claim under Ake v. Oklahoma was not preserved and lacked merit.

Holdings

1. The evidence was sufficient to exclude every reasonable hypothesis save that of Whitus's guilt and to enable a rational trier of fact to find her guilty beyond a reasonable doubt.
2. Whitus did not establish ineffective assistance because counsel's decision not to obtain additional psychiatric testing was not shown to be deficient, and Whitus failed to demonstrate prejudice.
3. The claim that the trial court improperly denied a request for an additional forensic evaluation and expert funding was not preserved for appeal, and Ake did not entitle Whitus to a psychiatrist of her choice or to funds for an additional examination.

Questions Presented

1. Whether the circumstantial evidence was sufficient to exclude every reasonable hypothesis other than Whitus's guilt and to support her convictions beyond a reasonable doubt.
2. Whether trial counsel rendered ineffective assistance by failing to obtain a further forensic psychiatric evaluation or psychological testing.
3. Whether the trial court erred in denying appellate counsel's request for a further forensic evaluation and funding for an expert under Ake v. Oklahoma.

Disposition

affirmed