Allen v. State, 297 Ga. 702

Allen was convicted of malice murder, aggravated assault, and related offenses for the Nichols shooting.
Evidence showed a November 2009 home invasion; Allen later admitted killing Nichols, believing him involved in the invasion.
A gun, vest, and other items were observed in Allen's possession during subsequent statements to a witness, with later discovery of Nichols’ body in December 2009.
The trial included a jury instruction stating the state need not admit the weapon into evidence for murder or aggravated assault convicted by circumstantial evidence.
The court removed a juror during deliberations for inability to decide; Allen’s right to be present at bench conferences was argued to be violated but was waived.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court's weapon-inference jury instruction improperly comment on the evidence?	Allen contends instruction implied actual possession by him.	State argues instruction is correct and not a factual assertion.	No improper comment; instruction proper and contextual.
Was the juror removal within the court's discretion under OCGA 15-12-172?	Allen argues removal violated rights to fair deliberations.	State contends removal was warranted due to juror's inability to decide.	Yes, court acted within discretion; no abuse of discretion.
Did the court's ex parte bench conference violate Allen's presence rights?	Allen claims right to be present was violated.	State argues waiver occurred and no prejudice.	Waiver established; no reversible error.

Wells v. State, 295 Ga. 161 (Ga. 2014) (weapon need not be admitted to prove crime; circumstantial evidence suffices)
Lattimer v. State, 231 Ga. App. 595 (Ga. App. 1998) (circumstantial evidence sufficiency framework cited)
Hanifa v. State, 269 Ga. 797 (Ga. 1998) (right to be present at bench conferences and non-prejudice concerns)
Wilson v. State, 212 Ga. 73 (Ga. 1955) (waiver of presence rights where counsel and defendant agree)