Blake v. State, 292 Ga. 516

Blake was indicted in Clayton County in May 2009 for malice murder, two counts of felony murder, aggravated assault, possession of a firearm during a crime, and possession of a firearm by a convicted felon.
He was tried in October 2010; the jury acquitted malice murder but convicted on other counts and sentenced to two life terms without parole on felony murder counts plus a concurrent firearm term, with remaining counts merged for sentencing.
The December 2008 shooting at a bar followed an argument over allegedly shorted marijuana and payment; Blake shot Turner after Turner allegedly urged him to retrieve a pistol.
Eyewitnesses identified Blake as the shooter; Blake claimed self-defense, but no gun was found and Turner’s companions testified Turner was unarmed.
The appellate court affirmed the convictions but vacated Blake’s sentence, remanding for resentencing due to defects in sentencing law and procedure, including the pre-amendment availability of life without parole and duplicative felony murder sentencing.
The case was remanded for resentencing consistent with statutory changes and case law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supported Blake’s conviction beyond a reasonable doubt.	Blake contends undisputed facts negate guilt beyond reasonable doubt.	State argues record, viewed favorably to verdict, supports guilt.	Evidence supported conviction beyond reasonable doubt.
Whether the trial court erred by not giving an explicit justification defense instruction for all charges.	Blake argues justification should be a defense to all crimes, including felon-in-possession.	State asserts the instruction was correct and adequate.	No plain error; no error in the justification instruction.
Whether the trial court should have given a voluntary manslaughter charge.	Blake requested voluntary manslaughter instruction if slight evidence of provocation existed.	State contends evidence did not show irresistible passion.	The court did not err in refusing the charge; no evidence of needed passion.
Whether Blake’s sentence was permissible given pre-amendment law and double-counting of felony murder.	Blake argues life without parole was not available for his offenses and multiple convictions were improper.	State concedes misalignment with post-amendment law and recidivist rules.	Vacated and remanded for resentencing; life without parole not applicable and only a single murder sentence should stand.

Jackson v. Virginia, 443 U.S. 307 ((1979)) (sufficiency standard requires reasonable-doubt review)
Allen v. State, 290 Ga. 743 ((2012)) (clarifies sufficiency standard in Georgia)
Smith v. State, 257 Ga. 468 ((1987)) (instruction on defense theories reviewed for preservation)
Gillespie v. State, 236 Ga. 845 ((1976)) (requires charge on lesser included offense if slight evidence exists)
Bell v. State, 280 Ga. 562 ((2006)) (passion standard for voluntary manslaughter)
Worthem v. State, 270 Ga. 469 ((1999)) (voluntary manslaughter charge not warranted without passion evidence)
Howard v. State, 258 Ga. 597 ((1988)) (fear of weapon not sufficient to show irresistible passion)
Webb v. State, 284 Ga. 122 ((2008)) (overreaction and provocation may support manslaughter charge in some cases)
Brady v. State, 283 Ga. 359 ((2008)) (sentencing error when multiple convictions duplicative under law)
Williams v. State, 291 Ga. 19 ((2012)) (precedent on life without parole availability pre/post amendment)