Amos v. State
298 Ga. 804
Ga.2016Background
- In Jan. 2010, Deuntaie Amos shot and killed Richard Saylors after a physical struggle at a College Park apartment; Amos admitted firing but claimed self-defense.
- Witnesses described escalating verbal confrontation; Amos left and returned wearing a jacket concealing a firearm; he carried the gun cocked (safety engaged).
- Saylors placed Amos in a headlock; Amos testified he feared for his life and shot; medical and other testimony indicated the headlock was unlikely to be fatal and Amos stood up without distress after release.
- Amos was indicted for malice murder, felony murder, aggravated assault, and possession of a firearm during a felony; acquitted of malice murder but convicted of the remaining counts and sentenced to life plus five years consecutive.
- At a pretrial immunity hearing, Amos sought immunity under OCGA § 16-3-24.2 (self-defense immunity), but the trial court denied it because Amos was carrying a firearm without a weapons carry license (violating OCGA § 16-11-126).
- Amos raised an as-applied Second Amendment challenge to the weapons carry licensing requirement for the first time in his motion for new trial and also claimed ineffective assistance for counsel’s failure to raise that challenge; he also challenged a voluntary-manslaughter jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / self-defense | Amos: shooting justified by reasonable fear of death from headlock | State: evidence showed Amos was aggressor, concealed gun, and shooting was not reasonable self-defense | Convictions for felony murder, aggravated assault, and firearms possession affirmed; evidence sufficient to reject self-defense (Jackson standard) |
| Denial of pretrial immunity under OCGA § 16-3-24.2 | Amos: entitled to immunity because acted in self-defense | State: immunity exception bars those who used a weapon unlawfully (Amos lacked carry license) | Trial court properly denied immunity because Amos undisputedly carried without a license |
| As-applied Second Amendment challenge to carry-license statute | Amos: statute unconstitutional as applied; therefore denial of immunity violated Second Amendment | State: challenge waived because raised first on motion for new trial; courts have not held licensing outside home is unconstitutional | Claim waived for failure to raise timely; appellate court declines review |
| Ineffective assistance for not timely raising Second Amendment challenge | Amos: counsel deficient for not asserting constitutional challenge earlier | State: no defective performance because law did not (and courts had not) established such a challenge; attorneys needn't predict future law | Strickland claim denied—no deficient performance or prejudice shown |
| Jury instruction on voluntary manslaughter | Amos: instruction was erroneous | State: pattern instruction given; instruction benefited Amos by allowing lesser-included verdict | No error; instruction tracked pattern charge and was advantageous to defendant |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- District of Columbia v. Heller, 554 U.S. 570 (recognizing individual right to possess firearms for self-defense in the home)
- McDonald v. City of Chicago, 561 U.S. 742 (incorporating Second Amendment against the states)
- Sifuentes v. State, 293 Ga. 441 (Ga. 2013) (standard for reviewing pretrial immunity rulings and self-defense evaluation)
- Bunn v. State, 284 Ga. 410 (Ga. 2008) (burden to establish self-defense immunity by preponderance at immunity hearing)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance-of-counsel standard)