Allen v. State, 296 Ga. 738

Background

On Oct. 14, 2008, Deimeyon X. Allen fired a .40 caliber pistol in a housing-complex dispute; Keith Booker was shot and died from a single gunshot to the heart; David Armour was also shot but survived. Ten .40 caliber casings were recovered; the bullet from Booker matched a .40 caliber weapon; Allen’s gun was not recovered.
Allen told police he retrieved his Glock .40 after seeing men outside and fired when one pointed a gun at him; he then discarded the pistol and fled.
A Fulton County grand jury indicted Allen for malice murder, felony murder, aggravated assaults, and possession of a firearm in the commission of a crime. At trial (Nov. 2010) a jury convicted Allen of malice murder, aggravated assault of David Armour, and possession of a firearm during a crime; sentences included life for murder, concurrent 20 years for aggravated assault, and consecutive 5 years for the firearm count.
Allen moved for a new trial asserting (inter alia) that the verdicts were against the weight of the evidence under OCGA §§ 5-5-20 and 5-5-21, that the trial court applied the wrong standard in denying the motion, and that verdict forms/unanimity problems required a mistrial.
The trial court denied the amended motion for new trial. Allen appealed to the Supreme Court of Georgia. The Supreme Court affirmed the convictions and sentences.

Issues

Issue	Allen's Argument	State's Argument	Held
Sufficiency of the evidence (Jackson v. Virginia standard)	Evidence did not prove guilt beyond a reasonable doubt; shooter could have been someone else (Roger)	Evidence (casings, matching bullet, eyewitness accounts, Allen’s flight and statements) suffices	Court: Evidence sufficient; conviction may be sustained under Jackson standard
Trial court’s new-trial standard (general grounds under OCGA §§ 5-5-20, 5-5-21)	Trial court’s order only recited sufficiency and thus failed to exercise its discretion as thirteenth juror on weight/unity issues; remand required	Trial court expressly considered motion, was aware of statutory general grounds, and declined to grant a new trial in its discretion	Court: No reversible error; record shows court recognized and exercised discretion; denial stands
Weight of evidence / alternative shooter theory	Inconsistencies and the possibility Roger accidentally shot Booker meant verdict was against weight of evidence	Granting a new trial on general grounds is within trial court discretion; appellate courts review only for sufficiency under Jackson	Court: Appellate review limited to Jackson standard; evidence supports verdict; no basis to overturn trial court’s discretionary refusal to grant new trial
Verdict form / unanimity / mistrial claim	Jury form error (both murder and voluntary manslaughter blanks initially marked) and foreman notation suggested non-unanimity; court should have sua sponte declared mistrial	The scrivener’s error was corrected; foreman affirmed unanimous verdict; jurors were polled with no negative responses	Court: No error. Polling confirmed unanimity; foreman’s later notation was explained; no mistrial required

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of the evidence)
White v. State, 293 Ga. 523 (Ga. 2013) (discusses trial judge’s duty when considering general‑grounds new‑trial motions)
Choisnet v. State, 292 Ga. 860 (Ga. 2013) (on matters a trial judge may consider when acting as thirteenth juror)
Alvelo v. State, 288 Ga. 437 (Ga. 2011) (explains limits and deference to trial court’s discretion to grant new trial)
State v. Harris, 292 Ga. 92 (Ga. 2012) (recognizes substantial discretion of trial judge on general grounds)
Manuel v. State, 289 Ga. 383 (Ga. 2011) (on correct standard in new‑trial order)
Smith v. State, 292 Ga. 316 (Ga. 2013) (appellate review of trial court’s denial of new trial is governed by Jackson sufficiency standard)
Benefield v. State, 278 Ga. 464 (Ga. 2004) (polling a jury protects the defendant’s right to a unanimous verdict)