GRIFFIN v. STATE (2009)

Eugene Griffin was found guilty but mentally ill of malice murder in the stabbing death of Mary Thomas. He appeals from the denial of his motion for new trial,¹ challenging the admission of his custodial statement. Finding no error, we affirm.

1. The evidence adduced at trial authorized the jury to find that appellant stabbed and killed Thomas, his live-in girlfriend, because he believed she had engaged in sexual relations three times in one day with unidentified “Mexicans.” After the stabbing, appellant went to his neighbor's home, knife in hand, and claimed he “got” a “Mexican,” but said nothing about the victim. The neighbor then checked on the victim and found her dead. Earlier that day, appellant, who had serious mental illnesses for which he was taking prescription medicine, was observed searching under his car and in nearby woods for persons he called “Mexicans” in such an irrational manner that the neighbor asked Thomas whether she wanted health care services contacted on appellant's behalf; Thomas declined the offer. There was no evidence indicating the presence of any Mexicans or other Hispanic persons in or around appellant's home that day. Appellant gave an audiotaped statement to police in which he admitted to stabbing Thomas.

The evidence was sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt of the charged crimes. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. Appellant contends the trial court erred when it admitted his custodial statements because he lacked the mental capacity at that time to knowingly and voluntarily waive his rights. “A determination of mental illness is not tantamount to a finding of mental incompetency. [Cit.]” Heckman v. State, 276 Ga. 141, 144-145(2), 576 S.E.2d 834 (2003) (mentally ill person not incapable of knowingly and voluntarily consenting to search). It is “well-settled that ‘(a) person who is mentally ill can be competent to make a voluntary confession. (Cit.)’ [Cit.]” Morrow v. State, 266 Ga. 3, 463 S.E.2d 472 (1995). Accord Lewis v. State, 279 Ga. 756(16), 620 S.E.2d 778 (2005) (mental illness does not make a defendant incapable of making a voluntary statement). Further, “ ‘(a) mere showing that a person who confessed to a crime may have suffered from some mental disability is not a sufficient basis on which to exclude the statement. (Cits.)’ [Cit.]” Brooks v. State, 271 Ga. 698, 699(2)(b), 523 S.E.2d 866 (1999). Based on our review of the record, including the audiotaped statement appellant gave to police officers, we find no error in the trial court's conclusion that appellant's statement was freely and voluntarily given after a knowing and intelligent waiver of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Judgment affirmed.

HUNSTEIN, Chief Justice.

All the Justices concur.