Barron v. State
2015 Ga. LEXIS 660
Ga.2015Background
- Barron convicted of felony murder during aggravated assault in the stabbing of fellow inmate Rumph.
- Evidence shows Barron planned the confrontation after learning Rumph would not provide cigarettes, obtaining a shank, and seeking Rumph in a sally port.
- Barron stabbed Rumph three times while Rumph faced away; Barron remained at the scene afterward and Rumph died.
- Trial court declined to instruct on voluntary manslaughter; Barron objected only in later proceedings; issues centered on provocation and instruction.
- Barron challenged procedural adequacy of appellate review under OCGA § 17-8-58 and standard for when a jury instruction is required; the court addresses sufficiency and provocation claims on the merits.
- Barron’s second trial convicted him of felony murder; his first trial resulted in acquittal on malice murder and a mistrial on felony murder, with sentencing to follow for the murder conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence for felony murder given underlying aggravated assault? | Barron | Barron | Yes; evidence supports conviction beyond reasonable doubt. |
| Was the voluntary manslaughter instruction required given provocation evidence? | Barron relied on evidence of provocation due to Rumph’s conduct. | State argued no provocation enough to excite passion. | No; no provocation sufficient to warrant lesser-included instruction. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for criminal convictions)
- McLean v. State, 291 Ga. 873 (Ga. 2012) (instructions must be legal, apt, and supported by evidence)
- Campbell v. State, 292 Ga. 766 (Ga. 2013) (provocation must excite passions in a reasonable person)
- Tepanca v. State, 297 Ga. 47 (Ga. 2015) (gestures alone not provocation; no uplift to voluntary manslaughter)
- Taylor v. State, 282 Ga. 502 (Ga. 2007) (distinguishes rational vs. impulsive actions in provocation analysis)
- Guthridge v. State, 297 Ga. 126 (Ga. 2015) (plain error review when failure to object is alleged)
- Alvelo v. State, 290 Ga. 609 (Ga. 2012) (plain error standard—affects fairness or integrity)
- Johnson v. State, 295 Ga. 615 (Ga. 2014) (plain error review thresholds and waivers)
- Taylor v. State, 282 Ga. 502 (Ga. 2007) (reiterates evaluation of provocation evidence)