Allen v. State
290 Ga. 743
| Ga. | 2012Background
- Appellant Mario Norval Allen was convicted of malice murder and related offenses for shooting Kayleigh Henderson; the victim and Allen were romantically involved.
- The victim drove to Allen's house to drop off infant formula; Allen shot her in the face at close range.
- Allen testified he shot accidentally while defending himself against an unidentified gunman who entered with the victim.
- The State presented witnesses supporting intent to kill; the jury found him guilty beyond a reasonable doubt.
- The trial court denied a motion for new trial; Allen appeals alleging evidentiary, jury instruction, and ineffective-assistance issues.
- The Court affirms the judgments and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports malice murder beyond a reasonable doubt | Allen argues insufficient proof of malice. | State contends evidence supported intentional shooting. | Sufficient evidence to sustain verdicts. |
| Whether transfered intent and transferred justification instructions were plain error | Omission of transferred intent/justification may be plain error | No plain error affecting outcome; instructions read as a whole favored defense | No plain error; did not affect outcome. |
| Whether the trial court should have instructed on voluntary manslaughter | Provocation warranted manslaughter instruction | Evidence did not show sudden passion to warrant instruction | No error; no evidence of sudden passion. |
| Whether counsel’s failure to request limiting instruction on prior threat evidence was prejudicial | Ineffective assistance for failing to request limiting instruction | Overwhelming evidence of guilt makes prejudice unlikely | No prejudice; ineffective-assistance claim failed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency review standard for criminal evidence)
- Mincey v. Arizona, 437 U.S. 385 (U.S. Supreme Court 1978) (voluntary statements require due process protection)
- Starks v. State, 283 Ga. 164, 656 S.E.2d 518 (Ga. 2008) (waiver of suppression due to trial objection rules)
- Kelly v. State, 290 Ga. 29, 718 S.E.2d 232 (Ga. 2011) (plain-error standard for jury instructions)
- Happoldt v. State, 267 Ga. 126, 475 S.E.2d 627 (Ga. 1996) (transferred intent doctrine guidance)
- White v. State, 281 Ga. 276, 637 S.E.2d 645 (Ga. 2006) (consideration of charges as a whole)