Trial Judge's Report

Unified Appeal

 REPORT OF THE TRIAL JUDGE
OF THE

SUPERIOR COURT OF ___________COUNTY, GEORGIA

 

THE STATE v. ____________________________________

 

(A case in which the death penalty was imposed)

A. DATA CONCERNING THE DEFENDANT

  1. Name (Last, First, Middle)_______________________________________
  2. Date of Birth (MM/DD/YY)______________________________________
  3. Sex: M [ ]
  4. Race: Black [ ] F [ ] White [ ] Other________________________________
  5. Marital Status: Never married [ ] Married [ ] Separated [ ]
    Divorced [ ] Spouse deceased [ ]
  6. Number of children: ______________; and
    ages:________________________________________________________.
  7. Father living: Yes [ ] No [ ], died 19_______.
    Mother living: Yes [ ] No [ ], died 19______.
  8. Number of brothers and sisters___________.
  9. Education completed:___________________________________________.
  10. Intelligence level: (IQ below 70) Low [ ]
    (IQ 70 to 100) Medium [ ]
    (IQ above 100) High [ ]
  11. Psychiatric evaluation performed? Yes [ ] No [ ]
    If performed is defendant:
    1. Able to distinguish right from wrong? Yes [ ] No [ ]
    2. Able to adhere to the right? Yes [ ] No [ ]
    3. Able to cooperate intelligently in his own defense? Yes [ ] No [ ]
  12. If examined, were character or behavior disorders found? Yes [ ] No [ ]
  13. What other pertinent psychiatric (and psychological) information was revealed?
  14. Prior work record of defendant:
Type job Salary Dates held   Reason for termination 
a.      
b.      
c.      
d.      
e.      

B. DATA CONCERNING THE TRIAL

  1. How did the defendant plead? ________________________________________
  2. Was the guilt-phase of the case tried before a jury? ________________________
  3. Was the sentencing phase tried before a jury? ____________________________

C. OFFENSE RELATED DATA

  1. Offense(s) for which the defendant received a death sentence:
    1. __________________________________________________________
    2. __________________________________________________________
    3. __________________________________________________________
    4. __________________________________________________________


  2. If other offenses were tried in the same trial list those offenses:
    1. __________________________________________________________
    2. __________________________________________________________
    3. __________________________________________________________
    4. __________________________________________________________


  3. Which of the following statutory aggravating circumstances were instructed and which were found?

      Instructed Found
    a. The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony.    
    b. (1) The offense of murder, rape, armed robbery or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery or    
       (2) The offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree.    
    c. The offender by his act of murder, armed robbery or kidnapping knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person.    
    d. The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value.    
    e. The murder of a judicial officer, former judicial officer, district attorney or solicitor-general or former district attorney or solicitor-general during or because of the exercise of his official duty.    
    f. The offender caused or directed another to commitmurder or committed murder as an agent or employee of another person.    
    g. The offense of murder, rape, armed robbery, orkidnapping was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim.    
    h. The offense of murder was committed against any peace officer, corrections employee or fireman while engaged in the performance of his official duties.    
    i. The offense of murder was committed by a person in,or who has escaped from, the lawful custody of a peace officer or place of lawful confinement.    
    j. The murder was committed for the purpose of avoiding, interfering with, or preventing, a lawful arrest or custody in a place of lawful confinement, of himself or another.    

     

  4. List significant nonstatutory aggravating circumstances indicated by the evidence:
    1. _____________________________________________________________
    2. _____________________________________________________________
    3. _____________________________________________________________
    4. _____________________________________________________________
  5. Which, if any, of the following mitigating circumstances was in evidence?
    1. [ ] The defendant has no significant history of prior criminal activity.
    2. [ ] The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.
    3. [ ] The victim was a participant in the defendant’s homicidal conduct or consented to the homicidal act.
    4. [ ] The murder was committed under circumstances which the defendant believed to provide a moral justification or extenuation for his conduct.
    5. [ ] The defendant was an accomplice in a murder committed by another person and his participation in the homicidal act was relatively minor.
    6. [ ] The defendant acted under duress or under the domination of another person.
    7. [ ] At the time of the murder, the capacity of the defendant toappreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication.
    8. [ ] The youth of the defendant at the time of the crime.
    9. The evidence, although sufficient to sustain the conviction, does not foreclose all doubt respecting the defendant’s guilt.
    10. [ ] Other.
      Please explain if (j) is checked:
      ________________________________________________________
      ________________________________________________________
      ________________________________________________________
  6. If tried with a jury, was the jury instructed to consider mitigating circumstances?
       Yes [ ] No. [ ]
  7. Does the defendant’s physical or mental condition call for special consideration?
       Yes [ ] No. [ ]
  8. Was the victim related by blood or marriage to defendant?
       Yes [ ] No. [ ]
       If yes, what relationship? ________________________
  9. Was the victim an employer or employee of defendant?
       No [ ] Employer [ ] Employee [ ]
  10. Was the victim acquainted with the defendant?
       No [ ] Casual acquaintance [ ] Friend [ ]
  11. Was the victim a local resident or transient in the community?
       Resident [ ] Transient [ ]
  12. Was the victim the same race as defendant? Yes [ ] No. [ ]
  13. Was the victim the same sex as the defendant? Yes [ ] No. [ ]
  14. Was the victim held hostage during the crime? No [ ]
    yes - less than an hour [ ]  yes - more than an hour [ ]
  15. The victim’s reputation in the community was:
       Good [ ] Bad [ ] Unknown [ ]
  16. Was the victim tortured? Yes [ ] No. [ ]
       If yes, state extent of torture:
    _____________________________________________________
    _____________________________________________________
    _____________________________________________________
  17. What was the age of the victim? _______
  18. If a weapon was used in commission of the crime, was it:
       No weapon used [ ] Blunt instrument [ ]Poison [ ]
       Motor vehicle [ ] Sharp instrument [ ]Firearm [ ]
  19. Does the defendant have a record of prior convictions? Yes [ ] No. [ ]
  20. If answer is yes, list the offenses, the dates of the offenses, and the sentences imposed.
    Offense Date of offense Sentence imposed
    a.    
    b.    
    c.    
    d.    
    e.    

     

  21. Was there evidence the defendant was under the influence of narcotics or dangerous drugs at the time of the offense? Yes [ ]No [ ]

D. Representation of defendant

(If more than one counsel served, answer these
questions as to each counsel and attach to this report.)

  1. Date counsel secured: ____________________
  2. How was counsel secured:
    1. [ ] retained by defendant
    2. [ ] appointed by court
  3. If counsel was appointed by court was it because
    1. [ ] Defendant was unable to afford counsel?
    2. [ ] Defendant refused to secure counsel?
    3. [ ] Other (explain)

      ______________________________________________________
      ______________________________________________________
      ______________________________________________________
  4. How many years has counsel practiced law?
       0 to 5 [ ] b. 5 to 10 [ ] c. over 10 [ ]
  5. What is the nature of counsel’s practice?
       mostly civil [ ]b. general [ ]c. mostly criminal [ ]
  6. Did the same counsel serve throughout the trial?Yes [ ] No [ ]
  7. If not, explain in detail.
    ______________________________________________________
    ______________________________________________________
    ______________________________________________________
    ______________________________________________________

E. GENERAL CONSIDERATIONS

  1. Did race appear as an issue in the trial? Yes [ ] No [ ]
  2. Was there extensive publicity in the community concerning the case? Yes [ ] No [ ]
  3. Was the jury impermissibly influenced by passion, prejudice, or any other arbitrary factor when imposing sentence? Yes [ ] No [ ]
  4. If the answer is yes, explain:
    ______________________________________________________________
    ______________________________________________________________
    ______________________________________________________________
  5. In your opinion, was the death sentence imposed in this case appropriate? Yes [ ] No [ ]

General comments concerning your answer:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________


FORMS FOR REQUIRED JURY CERTIFICATES

These certificates are required by Rule II (A) (6)
of the Unified Appeal Procedure.

(NOTE: To convert a decimal number to percentage notation,
move the decimal point two places to the right. Example: .055 = 5.5%)

Grand Jury Certificate
(download this form in Adobe format, .PDF)

This court has reviewed the Grand Jury List for________________County from which the grand jury was selected that rendered the indictment in this case. This Grand Jury List was last revised inthe year ____.

The following categories are “cognizable groups” in this county within the meaning of the Unified Appeal and current state and federal law:

A. Males, B. Females, C. African Americans, D. Whites, E. _______________, F. ________________

The total county population according to the most recent decennial census is __________ .

The total county population over 18 years old, according to the most recent census is ________.

The total number of persons on the grand jury list is ___________.

For each “cognizable group” listed above, calculate the percentage of the over-18 population of the county represented by the cognizable group, as follows:

  1. Males
    1. The total population over 18 years old in the county is _____.
    2. The total population of cognizable group A (males) is _____.
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of males on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: ______%
  2. Females
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group B (females) is _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of females on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: ______%
  3. African Americans
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group C (African Americans) is _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of African Americans on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  4. Whites
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group D (whites) is _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of whites on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  5. ________________
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group E is _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of cognizable group E on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  6. _______________
    1. The total population over 18 years old in the county is _____.
    2. The total population of cognizable group F is _____.
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the grand jury list is _____.
    5. The number of cognizable group F on the grand jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%

This court is satisfied that the identified cognizable groups are adequately represented on the grand jury list.

Traverse Jury Certificate
(download this form in Adobe format, .PDF)

This court has reviewed the Traverse Jury List for________________County from which the

defendant’s traverse jury panel will be selected. This Traverse Jury List was last revised in the year

____.

The following categories are “cognizable groups” in this county within the meaning of the Unified Appeal and current state and federal law:

A. Males B. Females C. African Americans D. Whites E. _______________ F. ________________

The total county population according to the most recent decennial census is __________ .

The total county population over 18 years old, according to the most recent census is ________.

The total number of persons on the traverse jury list is ___________.

For each “cognizable group” listed above, calculate the percentage of the over-18 population of the county represented by the cognizable group, as follows:

  1. A. Males

    1. 1. The total population over 18 years old in the county is _____.

      2. The total population of cognizable group A (males) is _____.

      3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%

      4. The number of people on the traverse jury list is _____.

      5. The number of males on the traverse jury list is _____.

      6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%

      7. Subtract the larger from the smaller; the difference must be less than 5%: _____%

  2. B. Females
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group B (females) is _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the traverse jury list is _____.
    5. The number of females on the traverse jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  3. African Americans
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group is C (African Americans) _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the traverse jury list is _____.
    5. The number of females on the traverse jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  4. Whites
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group is D (whites) _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the traverse jury list is _____.
    5. The number of females on the traverse jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  5. _______________
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group is E _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the traverse jury list is _____.
    5. The number of females on the traverse jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%
  6. _______________
    1. The total population over 18 years old in the county is _____
    2. The total population of cognizable group is F _____
    3. Divide answer 2 by answer 1, move the decimal 2 places to the right: _____%
    4. The number of people on the traverse jury list is _____.
    5. The number of females on the traverse jury list is _____.
    6. Divide answer 5 by answer 4, move the decimal 2 places to the right: _____%
    7. Subtract the larger from the smaller; the difference must be less than 5%: _____%

This court is satisfied that the identified cognizable groups are adequately represented on the traverse jury list.

G. CHRONOLOGY OF CASE

Elapsed Days

 Date of offense      
 Date of arrest  
  Date trial began  
 Date sentence imposed  
 Date motion for new trial ruled on  
 Date trial judge’s report completed   
 Date received by Supreme Court*  
 Date sentence review completed  
 Total elapsed days*  

 


(*To be completed by Supreme Court)

This report was submitted to the defendant’s counsel for such comments as counsel desired to make concerning the factual accuracy of the report, and

  1. [ ] Defense counsel’s comments are attached
  2. [ ] Defense counsel offered no comments
  3. [ ] Defense counsel has not responded

___________________
        (Date)

______________________________________   
Judge, Superior Court of                

_________________________________ County