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Mikell v. State
Citations: 555 S.E.2d 433; 274 Ga. 596; 2001 Fulton County D. Rep. 3502; 2001 Ga. LEXIS 896Docket: S01A0690
Court: Supreme Court of Georgia; November 19, 2001; Georgia; State Supreme Court
Joseph Perry Mikell was convicted of malice murder in the shooting death of his wife, Barbara Sue Mikell. Mikell challenged the trial court's decision to permit testimony regarding two of his extramarital affairs, arguing it constituted bad character evidence. The court found the evidence relevant for establishing identity and impeaching his testimony, thus ruling the admission of the evidence as non-reversible error. During the trial, evidence indicated that Barbara Mikell was last seen alive on May 18, when she received a call from Mikell stating he could not have lunch with her. Following a series of events, she checked into a motel 35 miles from their home, where she was later found dead with three gunshot wounds to the head. The absence of forced entry or struggle, along with her belongings remaining undisturbed, suggested a premeditated act. Mikell maintained an alibi, claiming he worked alone transporting equipment that day and had no cell phone contact during a critical timeframe. Witnesses reported seeing an E.R. Snell truck, which Mikell operated, at the motel on the day of the murder. Additionally, a significant 34-minute phone call between Mikell and a former mistress on the day of the incident included discussions about his marriage and potential divorce. The police never identified the murder weapon, as it was never recovered. Mikell requested Brown to inform his lawyer that their phone conversation was solely about Brown's DUI. The evidence, viewed favorably for the jury's decision, supported a rational finding of Mikell's guilt for murder. Prior to trial, the court initially granted Mikell's motion to exclude evidence of his extramarital affairs but later allowed questioning regarding his relationships with two women. Sonja Brown testified about her encounters with Mikell at the motel where the victim was found, detailing interactions leading to sexual encounters while noting how items of clothing were handled. Mikell argued this evidence improperly introduced his character, but the court clarified that character evidence is permissible if relevant for purposes other than proving conduct. Previous cases allowed evidence of extramarital affairs when relevant to the case's context. Brown's testimony was deemed relevant to establish identity and a pattern of behavior, particularly given Mikell's claim of working during the time of the murder and his attempts to influence Brown's statements. Additionally, evidence of Mikell's affair with April Owens shortly before and after his wife's death was admitted for impeachment purposes, as it contradicted his claims of a stable marriage. Mikell's claim of ineffective assistance of counsel was dismissed, as the court found that the admission of the contested evidence was justified, affirming the judgment. All Justices concurred.