Humphrey v. Morrow

The habeas court erred in vacating the defendant's death sentence based on the alleged ineffective assistance of his trial counsel in the sentencing phase of trial.

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A jury convicted Scotty Garnell Morrow of the murders of Barbara Ann Young and Tonya Rochelle Woods, of the aggravated battery of LaToya Horne, and of related crimes. The crimes all occurred on December 29, 1994. Morrow was sentenced to death and to several terms of imprisonment, and this Court affirmed his convictions and sentences on June 12, 2000. Morrow v. State , 272 Ga. 691 532 SE2d 78 2000. Morrow filed a petition for a writ of habeas corpus on October 30, 2001, which he amended on February 3, 2005. An evidentiary hearing was held on April 25 and 26, 2005. In an order filed on February 4, 2011,1 the habeas court vacated Morrow’s death sentence based on the alleged ineffective assistance of Morrow’s trial counsel in the sentencing phase of Morrow’s trial, but the habeas court refused to disturb Morrow’s convictions. In case number S11A0937, the Warden has appealed the vacating of Morrow’s death sentence, and Morrow has cross-appealed in case number S11X0938. In the Warden’s appeal, we reverse and reinstate Morrow’s death sentence. In Morrow’s cross-appeal, we affirm. I. Factual Background

The evidence at Morrow’s trial showed that Morrow dated and lived with Barbara Ann Young but that, beginning at least by early December of 1994, Ms. Young was beginning to lose interest in Morrow. On December 6, Morrow slapped Ms. Young and dragged her by her arm in her own home. On December 9, Morrow was giving a ride to Ms. Young, but he refused to drop her at the college that she was attending and, instead, beat her and raped her twice. After this incident, Ms. Young made Morrow move out of her home. On December 24, Ms. Young fled her home, where Morrow had been visiting, and ran to a neighboring home seeking refuge and saying that Morrow was going to kill her.

Humphrey v. Morrow

The habeas court erred in vacating the defendant's death sentence based on the alleged ineffective assistance of his trial counsel in the sentencing phase of trial.

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