Miller v. State

The evidence did not support a jury charge on justification with respect to the criminal trespass charges against the defendant, the trial court did not err in declining to give such a charge and defense counsel was not deficient in failing to request the charge.

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A Whitfield County jury found Samantha Miller guilty of two counts of criminal trespass, OCGA §§ 16-7-21 a, b 1; simple assault, OCGA § 16-5-20 a 2; and battery, OCGA § 16-5-23.1. Miller appeals from the order denying her motion for a new trial, contending that the trial court erred in failing to give jury charges on the affirmative defense of justification and that her trial counsel was ineffective for failing to request those charges. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows the following. On November 3, 2012, Floyd Head received a phone call from Miller, his former girlfriend, asking him for a ride. According to Head, Miller had been wrestling with her sister and needed to get away from her house. Head, who had been drinking, asked his friend Trevor Beebe to drive him to pick up Miller, and Beebe agreed. When Head and Beebe arrived at Miller’s sister’s house, Miller was outside, walking along the road. As soon as Beebe pulled over, Miller dove into the back seat. Head and Beebe testified that Miller was behaving erratically, that she was all over the place, and that she was talking nonsensically about the FBI. During the ride to Head’s home, Miller bit Beebe twice. She also talked about having sex with Head and she tried to wrap her legs around his neck from the back seat of the car.

Miller v. State

The evidence did not support a jury charge on justification with respect to the criminal trespass charges against the defendant, the trial court did not err in declining to give such a charge and defense counsel was not deficient in failing to request the charge.

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