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Murphy v. State

The jury was not bound by expert testimony that the defendant was insane where other evidence showed that he knew right from wrong and intended his actions.

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A Chatham County jury found Richard James Murphy “guilty but mentally ill” of criminal damage to property in the second degree, OCGA § 16-7-23 a 1. Following the denial of his motion for new trial, Murphy appeals, challenging the admission of similar transaction evidence and the sufficiency of the evidence. Finding no error, we affirm. Viewed in the light most favorable to the prosecution,1 the record shows the following facts. On January 11, 2002, after spending a cold winter’s night sleeping outside, Murphy tried unsuccessfully to get a disability check cashed. With no place to go, Murphy decided to get himself arrested. He used a brick to break into a Savannah coffee shop which had closed for the evening and then rampaged through the store, breaking merchandise and equipment and knocking over furniture. When police officers responded to a 911 call, they found Murphy inside the store, drinking orange juice and calmly waiting for them to arrive.

Pursuant to OCGA § 17-7-131 and Uniform Superior Court Rule 31.4, Murphy pled not guilty by reason of insanity and served notice of his intention to raise the issue of insanity at trial. Murphy testified on his own behalf, admitting the conduct charged in the indictment, and presented the testimony of one expert forensic psychologist.

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