Campbell v. State
292 Ga. 766
| Ga. | 2013Background
- Campbell was convicted of malice murder and related felonies for the shooting death of Gary Paul Francis.
- He briefly lived with Francis and his girlfriend Ykeme Smith; conflicts led to him being asked to move out.
- On Nov. 3, 2005, Francis and Smith confronted Campbell; a confrontation occurred and Campbell left, then returned.
- Campbell shot Francis as they argued near the street; a cartridge case linked to his handgun was found.
- Police later recovered a .380 handgun from Campbell's book bag; expert testified the crime-scene cartridge matched that gun.
- The defense challenged jury instructions and claimed trial was conducted with Campbell absent at critical stages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voluntary manslaughter instruction was warranted | Campbell | State | No; insufficient provocation evidence. |
| Whether the trial court erred in the "great care and caution" instruction | Campbell | State | Not reversible error given overall strong evidence of guilt. |
| Whether Campbell's absence at pre-trial legal conferences violated his right to be present | Campbell | State | Not violated; conferences involved legal matters not requiring presence. |
| Whether the evidence supports the malice murder conviction beyond a reasonable doubt | Campbell | State | Yes; circumstantial and eyewitness evidence sufficient. |
| Whether trial court properly allowed consideration of statements by Campbell | Campbell | State | Error not reversible; evidence weighed heavily against Campbell. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for conviction)
- Brooks v. State, 249 Ga. 583 (Ga. 1982) (provocation insufficient to reduce murder to manslaughter)
- Armstrong v. State, 264 Ga. 505 (Ga. 1994) (no provocation suggested to reduce killing to manslaughter)
- Veal v. State, 250 Ga. 384 (Ga. 1982) (presence of angry words unconnected to provocation not enough)
- Edwards v. State, 264 Ga. 131 (Ga. 1994) (duty to instruct on lesser offense when evidence supports)
- Pace v. State, 258 Ga. 225 (Ga. 1988) (test for provocation to support voluntary manslaughter)
- Aldridge v. State, 258 Ga. 75 (Ga. 1988) (provocation-based reduction requires sufficient evidence)
- McKenzie v. State, 293 Ga. App. 350 (Ga. App. 2008) (caution against great care and caution for exculpatory statements)
- Pincherli v. State, 295 Ga. App. 408 (Ga. App. 2008) (pattern instruction modification for exculpatory statements)
- Parks v. State, 275 Ga. 320 (Ga. 2002) (presence right not violated by pre-trial conferences on legal matters)