Banks v. the State
329 Ga. App. 174
Ga. Ct. App.2014Background
- Banks was indicted on felony murder, possession of a firearm by a convicted felon, and possession of a firearm during a felony.
- A jury convicted Banks of involuntary manslaughter as a lesser-included offense of felony murder and of the firearm charges.
- The shooting occurred in a parking lot; Banks fired in the air and into a building, fatally striking a 13-year-old inside.
- Banks gave statements admitting heavy drinking and firing the gun; he claimed the death was accidental.
- The trial court instructed the jury on involuntary manslaughter and defined reckless conduct, but the verdict form did not list reckless conduct as a lesser-included offense.
- Banks argued on appeal that reckless conduct should have been included on the verdict form as a lesser-included offense of felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports the verdicts. | Banks | Banks | Sufficient evidence supported the convictions. |
| Whether reckless conduct must be listed as a lesser-included offense on the verdict form. | Banks | Banks | No error; reckless conduct was not required on the verdict form. |
| Whether failure to object pre-deliberation affects review. | Banks | Banks | Appellate review limited unless plain error; objection requirements applied. |
Key Cases Cited
- Simmons v. State, 266 Ga. 223 (Ga. 1996) (verdict form not required to list all lesser offenses)
- Reed v. State, 238 Ga. App. 297 (Ga. App. 1999) (preprinted verdict forms; review limitations)
- Snell v. State, 306 Ga. App. 651 (Ga. App. 2010) (verdict forms and lesser-included offenses)
- Arvinger v. State, 276 Ga. App. 127 (Ga. App. 2005) (verdict form amendments and alternatives for lesser offenses)
- McElroy v. State, 244 Ga. App. 500 (Ga. App. 2003) (no error where form did not include certain lesser offenses)