Hill v. Georgia
Annotate this CaseAfter Christina and Marshall Wellington were unable to pay a drug debt, Otis Hill shot them. Christina died; Marshall survived, but lost an eye. Hill and Aviance Marshall (“Aviance”), who drove Hill and the Wellingtons to the location of the shooting, were charged with malice murder, attempted murder, kidnapping, and related offenses. Hill was convicted of kidnapping and murdering Christina, kidnapping, battering, and attempting to murder Marshall, and a weapons charge. On appeal, Hill contended the evidence was insufficient as to kidnapping. In addition, Hill argued the trial court erred: in using a deficient master jury list; in failing to determine whether a juror was proficient in English; in instructing the jury regarding note taking; in admitting evidence of cell site location information, the effects of cocaine on memory, and witness intimidation; in excluding evidence of the maximum penalty Aviance faced; in instructing the jury regarding the reasonable-doubt standard; and in denying his motion for a new trial on the general grounds. Hill also claimed he received ineffective assistance of counsel. But for an error in sentencing, the Georgia Supreme Court affirmed Hill's convictions. The matter was remanded for correction in sentence: because there was no evidence that Hill committed aggravated battery in the manner alleged independent of the act which was intended to cause Marshall’s death, the count of aggravated battery merged with the conviction for attempted murder for sentencing purposes.
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