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Givens v. State

The witness's testimony that defendant promised to give him insurance money for killing the victim satisfied the nexus requirement for admission of evidence of a life insurance policy.

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A jury found Linda Marie Hamilton Givens guilty of the malice murder of her husband, and the trial court entered a judgment of conviction and sentenced Ms. Givens to life imprisonment. The trial court denied the defendant’s motion for new trial, and she appeals.1

1. Construed in the light most favorable to the verdict, the evidence shows that Ms. Givens and the victim had a history of violence and that she shot him in the head a number of years before the homicide. In the months prior to the murder, Appellant solicited Clarence Gardner to kill her husband. She met with Gardner numerous times, gave him money three times, and promised that she would pay him more. Near the time of the murder, Ms. Givens made numerous telephone calls from her home phone and cell phone, including several pages to Gardner. According to Gardner, when he eventually went to Appellant’s house, he found the victim already dead in a chair. He helped Ms. Givens move the body to the victim’s truck, and left the truck on the side of the road. The cause of the victim’s death was two gunshot wounds to the head.

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