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Bragg v. State

The trial court properly admitted evidence of three similar transactions where the defendant solicited others to kill her former husband to show identity, state of mind, common design or scheme and intent in her trial for the murder of her then-husband.

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Following a jury trial, Mary Ann Bragg was found guilty of malice murder, felony murder, and aggravated assault in connection with the murder of her husband, Tom Bragg.1 On appeal, Bragg contends, among other things, that the trial court erred by admitting similar transaction evidence and by improperly charging the jury on parties to a crime. Bragg further claims that trial counsel rendered ineffective assistance. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on September 9, 2002 between the hours of 4:00 a.m. and 6:00 a.m., Tom was killed in his home. The medical examiner determined that Tom’s death was caused by blunt force trauma, consistent with hammer strikes to his head. There were no signs of forced entry, and a trail of blood drops led from the bedroom where Tom was found, through the front door, and onto the porch. A single drop of blood was found in the driveway.

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