Chaney v. State, 640 S.E.2d 37 (Ga. 2007). · Go Syfert
Chaney v. State, 640 S.E.2d 37 (Ga. 2007). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 2 distinct courts.
Strongest positive: Melancon v. State (ga, 2024-09-17)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Melancon v. State (2×)
Ga. · 2024 · confidence medium
Jack- son, 287 Ga. at 648-649 (2) (quoting Skaggs, 278 Ga. at 19-20 (1)); Chaney v. State, 281 Ga. 481, 482 (1) ( 640 SE2d 37 ) (2007) (same).5 5 We have also indicated that cause in fact is satisfied if the defendant’s conduct “directly and materially contributed to the happening of a subsequent 16 That showing is ordinarily made through evidence from which a jury can infer that the forbidden result would not have happened “but for” the defendant’s conduct.
discussed Cited as authority (rule) Treadaway v. State
Ga. · 2020 · confidence medium
See Eberhart v. State, 307 Ga. 254, 261-62 (2) (a) ( 835 SE2d 192 ) (2019) (evidence sufficient to uphold defendant’s felony murder conviction based on aggravated assault where medical examiner testified that the victim died from hypertensive cardiovascular disease exacerbated by physical exertion and TASER application); Chaney v. State, 281 Ga. 481, 482 (1) ( 640 SE2d 37 ) (2007) (upholding defendant’s felony murder conviction based on aggravated assault for striking the victim in the head with a gun, which caused him to fall to the pavement, where the medical examiner testified that the …
discussed Cited as authority (rule) Calhoun v. State
Ga. · 2020 · confidence medium
However, assuming without deciding that counsel’s trial preparation and defense presentation fell below an objective standard of reasonableness and, thus, constituted deficient performance, Calhoun has failed to demonstrate prejudice. “[T]he felony murder statute requires only that the defendant’s 6 felonious conduct proximately cause the death of another person.” State v. Jackson, 287 Ga. 646, 660 ( 697 SE2d 757 ) (2010). “[P]roximate cause exists when the accused’s act or omission played a substantial part in bringing about or actually causing the victim’s injury or damage and …
discussed Cited as authority (rule) Shay Patrick Cooper v. State
Ga. Ct. App. · 2019 · confidence medium
See Manley v. State, 287 Ga. App. 358, 360 (3) ( 651 SE2d 453 ) (2007) (“[W]hen there is a scrivener’s error, the remedy is to remand the case for the trial court to correct the error.” (footnote omitted)); Chaney v. State, 281 Ga. 481, 483 (2) ( 640 SE2d 37 ) (2007) (“[T]he sentence must be corrected to speak the truth.” (citations omitted)).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2012 · confidence medium
See Hickson v. State, 308 Ga. App. 50, 56 (6) ( 706 SE2d 670 ) (2011); Chaney v. State, 281 Ga. 481, 483 (2) ( 640 SE2d 37 ) (2007).
cited Cited as authority (rule) Charles Jones v. State
Ga. Ct. App. · 2012 · confidence medium
See Hickson v. State, 308 Ga. App. 50, 56 (6) ( 706 SE2d 670 ) (2011); Chaney v. State, 281 Ga. 481, 483 (2) ( 640 SE2d 37 ) (2007).
discussed Cited as authority (rule) In Re Qs
Ga. Ct. App. · 2011 · confidence medium
"In a criminal case, proximate cause exists when the accused's act or omission played a substantial part in bringing about or actually causing the victim's injury . . . and the injury. . . was either a direct result or a reasonably probable consequence of the act or omission." Chaney v. State, 281 Ga. 481, 482 (1), 640 S.E.2d 37 (2007) (citation and punctuation omitted).
discussed Cited as authority (rule) In the Interest of Q. S.
Ga. Ct. App. · 2011 · confidence medium
“In a criminal case, proximate cause exists when the accused’s act or omission played a substantial part in bringing about or actually causing the victim’s injury . . . and the injury . . . was either a direct result or a reasonably probable consequence of the act or omission.” Chaney v. State, 281 Ga. 481, 482 (1) ( 640 SE2d 37 ) (2007) (citation and punctuation omitted).
cited Cited as authority (rule) Weems v. State
Ga. Ct. App. · 2009 · confidence medium
See OCGA § 17-10-1 (a) (1); Chaney v. State, 281 Ga. 481, 482-483 (2) ( 640 SE2d 37 ) (2007).
discussed Cited as authority (rule) Manley v. State
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 The trial court entered an order of nolle prosequi on seven additional counts. 2 An order of nolle prosequi was entered with respect to the remaining counts. 3 Compare Lawrence v. State, 234 Ga. App. 603, 605 (1) ( 507 SE2d 490 ) (1998); Forrest v. State, 251 Ga. App. 487, 488 (2) ( 554 SE2d 735 ) (2001). 4 Rosser v. State, 273 Ga. App. 745, 746 ( 615 SE2d 842 ) (2005). 5 See id.; Brassfield v. State, 242 Ga. App. 747, 748-749 (2) ( 531 SE2d 148 ) (2000). 6 As part of her sentence, Manley is required to pay an additional $100,000. 7 See OCGA§ 16-8-1…
discussed Cited "see" Russell v. State (2×)
Ga. · 2020 · signal: see · confidence high
See Manley v. State, 287 Ga. App. 358, 360 (3) ( 651 SE2d 453 ) (2007) (citing Chaney v. State, 281 Ga. 481, 482-83 (2) ( 640 SE2d 37 ) (2007)).
discussed Cited "see" Hickson v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See Chaney v. State, 281 Ga. 481, 483 (2) ( 640 SE2d 37 ) (2007); Manley v. State, 287 Ga. App. 358, 360 (3) ( 651 SE2d 453 ) (2007); Harris v. State, 166 Ga. App. 202, 204 (4) ( 303 SE2d 534 ) (1983).
discussed Cited "see" Boyd v. State (2×)
Ga. · 2009 · signal: see · confidence high
See Chaney v. State, 281 Ga. 481, 482 (1) ( 640 SE2d 37 ) (2007).
Retrieving the full opinion text from the archive…
Chaney
v.
the State
S06A1911.
Supreme Court of Georgia.
Jan 8, 2007.
640 S.E.2d 37
Charles S. Frier, for appellant., Paul L. Howard, Jr., District Attorney, Elizabeth A. Baker, Bettieanne C. Hart, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Edwina M. Watkins, Assistant Attorney General, for appellee.
Thompson.
Cited by 14 opinions  |  Published
Thompson, Justice.

Following a bench trial, appellant James Chaney was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony. [1] He appeals from the denial of his motion for new trial. We affirm the judgments of conviction, but for the reasons which follow, we remand for re-sentencing on the weapons offense.

Viewed in a light most favorable to the verdict, the evidence established that Chaney employed the victim, Harvey Rutherford, to sell cocaine for him. An eyewitness testified that on the night in question, Chaney drove up to the street corner where Rutherford was selling cocaine. A woman was in the process of transacting a purchase from Rutherford; and Rutherford was attempting to locate the cocaine which he had previously concealed in some bushes. The woman got tired of waiting and she left. Chaney exited his car, approached Rutherford, and demanded that he produce the drugs. Chaney told Rutherford, “I ain’t taking no more losses. You better find my dope.” As Rutherford continued to search for the drugs, Chaney walked to his car and returned carrying a pistol and putting on a pair of gloves. While Rutherford was bending over looking for the drugs, Chaney hit him in the face with the pistol. Rutherford stood up, backed away, and was able to block a second strike. Chaney then switched the gun from his right to his left hand and hit Rutherford in the back of the head. Rutherford fell to the pavement; he died several days later from his injuries.

The medical examiner testified that either a blow or a fall to the left side of the head resulted in a fracture of the left temporal bone, causing the brain to rebound to the right side of the skull, and resulting in hemorrhagic contusions; the cause of death was the delayed effects of blunt force trauma to the head; and the manner of death was homicide.

[*482] 1. Chaney submits that the trial court erred in finding him guilty of felony murder because (1) there was no evidence that the victim hit his head on the street; (2) an aggravated assault was not the proximate cause of the victim’s death, as alleged in the indictment; (3) the State failed to prove that the victim’s death was caused by Chaney striking him with the gun, rather than some subsequently occurring act; and (4) there was no evidence that the blow with the pistol actually caused serious bodily injury to the victim; thus, the crime was at most a battery, and the resulting death could not be more than involuntary manslaughter. These assertions are wholly without merit.

First, the police report reflects that Rutherford “was found prone on the pavement . . . unresponsive with blunt force trauma to the head, a laceration over his right eye, and blood coming from his ears.” In addition, the medical examiner testified that the victim’s skull fracture and brain trauma were consistent with being struck by a handgun and that although the skull fracture was more consistent with a fall, “either [the strike or the fall] could theoretically cause those injuries.”

“In a criminal case, proximate cause exists when the accused’s ‘act or omission played a substantial part in bringing about or actually causing the victim’s injury or damage and the injury or damage was either a direct result or a reasonably probable con sequence of the act or omission.’ [Cits.]” (Punctuation omitted.) Skaggs v. State, 278 Ga. 19-20 (1) (596 SE2d 159) (2004). Even assuming arguendo that the injuries suffered in the fall were the immediate cause of Rutherford’s death, as in Skaggs, “the fall itself was the direct and immediate result of the blows administered,” id. at 20, and “[t]he only intervening force was gravity.” Id. After the pistol whipping, the fall was reasonably foreseeable. Thus, Chaney’s acts of striking the victim in the head with the pistol either directly or proximately caused his death. Id.

Construed in support of the verdict, the evidence was sufficient for a rational trier of fact to have found Chaney guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. At the sentencing hearing, the trial court imposed a mandatory life sentence for felony murder, as well as a mandatory five-year consecutive sentence for possession of a firearm during the commission of a felony as is required by QCGA§ 16-11-106 (b) (1). The court, however, orally pronounced on the record that the five-year sentence for the weapons offense is to be suspended, clearly explaining to Chaney that “the totality of your sentence is, therefore, life in prison.” See OCGA § 17-10-1 (except in cases where life imprisonment, life without parole, or the death penalty may be imposed, trial court is granted discretion to suspend or probate all or any part of a felony[*483] sentence). See generally Wallace v. State, 216 Ga. App. 718 (5) (455 SE2d 615) (1995). But contrary to the court’s pronouncement, the final disposition order reflects “five years to serve; to run consecutive” as to the weapon offense. Thus, the final sentencing order does not comport with the court’s clear intention to suspend the five-year sentence. The State is in agreement that the case should be remanded to the trial court for re-sentencing on the weapons offense. We agree that the sentence must be corrected to speak the truth. See McClellan v. State, 274 Ga. 819 (1) (b) (561 SE2d 82) (2002); Johnson v. Gooding, 242 Ga. 793 (251 SE2d 534) (1979); Hopper v. Williams, 238 Ga. 612 (234 SE2d 525) (1977); Pulliam v. Jenkins, 157 Ga. 18 (121 SE 679) (1923); Grant v. State, 195 Ga. App. 463 (2) (393 SE2d 737) (1990); Taylor v. State, 157 Ga. App. 212 (1) (276 SE2d 691) (1981).

Decided January 8, 2007. Charles S. Frier, for appellant. Paul L. Howard, Jr., District Attorney, Elizabeth A. Baker, Bettieanne C. Hart, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Edwina M. Watkins, Assistant Attorney General, for appellee.

Judgment affirmed and case remanded with direction.

All the Justices concur.
1

The crimes were committed on October 14, 2003. An indictment was returned on February 17, 2004, charging Chaney with malice murder, felony murder while in the commission of an aggravated assault by striking the victim in the head with a handgun, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony. Abench trial commenced on October 12,2004, and on October 15,2004, Chaney was found guilty of felony murder, aggravated assault, and possession of a firearm during the commission of a felony. He was acquitted of malice murder and an order of nolle prosequi was entered as to the offense of possession of a weapon by a convicted felon. Chaney was sentenced on the same day to life imprisonment for felony murder, plus five consecutive years for the weapons offense. A timely motion for new trial was denied on February 21, 2006. Anotice of appeal was filed on March 17,2006. The case was docketed in this Court on July 17, 2006, and was submitted for a decision on briefs on September 11, 2006.