Tate v. State

The defendant's death sentences were not excessive per se or substantially out of line, even though the defendant's adult brother, who was also present during the murders, received a sentence less than death.

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Chrissie Williams and her three-year-old daughter, Katelyn Williams, were found dead in their home. Chrissie Williams was found bound to a bed with handcuffs and duct tape, and she had a bullet wound to her head. Katelyn Williams was found naked on the floor of another room, and her throat had been slit. Nicholas Cody Tate pleaded guilty to both murders and to related crimes, and he waived his right to a jury trial as to sentencing for the murders.1 At the conclusion of a bench trial on sentencing, the trial court found the existence of multiple statutory aggravating circumstances and sentenced Tate to death for each of the murders. See OCGA § 17-10-30 b. For the reasons set forth below, we affirm Tate’s convictions and sentences. Guilty Pleas

1. Tate argues that his guilty pleas to the two counts of kidnapping and the one count of child molestation were not supported by a showing of a sufficient factual basis and, therefore, that those pleas were taken in violation of Superior Court Rule 33.9, which states as follows: Notwithstanding the acceptance of a plea of guilty, judgment should not be entered upon such plea without such inquiry on the record as may satisfy the judge that there is a factual basis for the plea. USCR 33.9. Tate also argues that the alleged lack of a showing of a factual basis for these contested pleas also renders those pleas unconstitutional. We reject Tate’s arguments because, as we discuss below, we find no merit2 to Tate’s assertion that there was a lack of a factual basis shown to the trial court in the plea hearing for these contested pleas.

Tate v. State

The defendant's death sentences were not excessive per se or substantially out of line, even though the defendant's adult brother, who was also present during the murders, received a sentence less than death.

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