Amos v. State
297 Ga. 892
| Ga. | 2015Background
- Amos was convicted by a Cobb County jury of voluntary manslaughter and felony murder in connection with the killing of Robin Crankshaw; the trial court merged voluntary manslaughter into felony murder and sentenced Amos for murder.
- Crankshaw was killed at Crankshaw’s place of employment after Amos drove up in a van; a baseball bat and two .32 caliber shell casings were found near Crankshaw’s body.
- Investigators later located Amos; he admitted shooting Crankshaw but claimed self-defense, asserting Crankshaw struck him with a baseball bat after a vehicle incident.
- The jury found Amos guilty of felony murder and unlawful possession of a firearm by a convicted felon, and guilty of voluntary manslaughter on a lesser count; Amos had previously pled guilty to unlawful possession of a firearm by a convicted felon on a separate indictment.
- Amos challenged only the sentencing issue, arguing the trial court should have sentenced him for voluntary manslaughter; the Court of Appeals affirmed the trial court’s sentencing based on merger rules and the predicate crime."
- The Court held that because the felony murder was predicated on unlawful possession of a firearm by a convicted felon (an independent crime not integral to the killing), the Edge modified merger rule does not apply and the sentencing for felony murder was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices for felony murder and unlawful firearm possession | Amos contends evidence fails to prove murder in the commission of a felony | State argues evidence is legally sufficient under Jackson v. Virginia | Sufficient evidence to convict |
| Whether Edge's modified merger applies to this case | Amos urges extending the modified merger rule to include this scenario | State maintains Edge applies only where the felony is integral to the homicide | Edge does not apply; not an improper merger; felony murder upheld |
| Whether the court should have merged felony murder into voluntary manslaughter | Amos seeks merger and sentencing for voluntary manslaughter only | State argues merger not warranted given predicate crime independent of killing | Trial court properly sentenced for felony murder, not voluntary manslaughter |
Key Cases Cited
- Edge v. State, 261 Ga. 865 (1992) (modified merger rule for voluntary manslaughter and felony murder predicated on aggravated assault)
- Kipp v. State, 296 Ga. 250 (2014) (limits Edge when predicate not integral to homicide)
- Wallace v. State, 294 Ga. 257 (2013) (Edge rule does not apply to unlawful firearm possession predicate)
- Lawson v. State, 280 Ga. 881 (2006) (same limitation on Edge rule)
- Sims v. State, 265 Ga. 35 (1995) (same limitation on Edge rule)
- Grimes v. State, 293 Ga. 559 (2013) (affirming same merger framework)
- Smith v. State, 272 Ga. 874 (2000) (notes on multiple convictions for single homicide)