Case Studies
Chapter 12: Hearsay Rules and Exceptions
Overview — Based on: Sanford v. State, 287 Ga. 351, 2010 Ga. LEXIS 395 (2010).
Mr. Sanford had been indicted for malice murder, felony murder, aggravated assault, and possession of a firearm during a felony in connection with a fatal shooting. The trial jury found him guilty of these crimes.
Defendant Sanford had lived with Ms. Corbett for a period of time, but at the time of her killing, she was currently living with one Mr. Smith, who was the father of one of her children. Mr. Sanford had arrived at the home of Mr. Smith to see Ms. Corbett to retrieve his keys and a cell phone and wanted to chat with her, but she declined. At some point about 10 minutes later, Mr. Sanford ran into the home, chased Ms. Corbett to the basement, and shot her twice. Mr. Smith ran away, not wanting a deeper involvement in the situation. Ms. Corbett phoned 911 and gave details of the shooting and asked the operator if she was going to die. Police officers arrived on the scene and found Corbett with a gunshot wound to the chest, but still alive and conscious. She was observed holding a pillow to her abdomen and was clearly suffering from significant pain. She told the officer that Mr. Sanford had gone down into the basement and shot her. Subsequently, Mr. Smith identified Mr. Sanford from a photographic lineup as the man at his house when Corbett was shot. Ms. Corbett died at the hospital several hours after the shooting, as a result of the gunshot wound.
At Mr. Sanford’s murder trial, the court allowed one of the officers who had conversed with the decedent to tell the court what she told him concerning her receipt of final injuries. The evidence showed that Corbett was conscious of her critical condition at the time she made the statements naming Mr. Sanford as the shooter. She understood that her wounds were extremely serious; she was hugging a pillow close to her abdomen for comfort; and her breathing was difficult. Observers indicated that she appeared to be in great pain and she seemed to be overwhelmed with fear. Because she understood the serious nature of her injuries, Corbett called 911 immediately after being shot and asked if she was going to die. The evidence showed that her friend, Mr. Smith, who had returned to the crime scene, urged her not to die. Ms. Corbett died several hours later in a local hospital. The trial court indicated that the above factors made a strong showing that Ms. Corbett’s statements could qualify as dying declaration statements, despite Mr. Sanford’s contention that she was not near death when she made her statements.