Crayton v. State
298 Ga. 792
| Ga. | 2016Background
- On April 4, 2011 Antwuan Crayton shot and killed Curtis Mack III; Crayton fled, discarded the gun, later surrendered and admitted the shooting but claimed self‑defense. Shell casings were found in his truck; no gun was recovered from the victim.
- Crayton, a convicted felon, was indicted for malice murder, two counts of felony murder (one predicated on aggravated assault, one on possession of a firearm by a convicted felon), aggravated assault, possession of a firearm during commission of a felony, and possession of a firearm by a convicted felon.
- At trial the jury convicted Crayton of voluntary manslaughter (lesser included of malice murder) and guilty on the remaining charges; sentencing included life without parole on the felony murder (possession) count plus consecutive and concurrent prison terms on other counts.
- Key contested legal issues on appeal included sufficiency of evidence to disprove self‑defense, prosecutor’s alleged misstatement in opening, ineffective assistance for failing to object/suppress, warrant/probable cause for cell‑phone search, admissibility of cellphone photographs and prior arrests, lesser‑included instruction for manslaughter as to felony murder (possession), and merger/sentencing between aggravated assault and felony murder (possession).
- The Supreme Court of Georgia affirmed the convictions and sentences in the lead opinion; three justices concurred in part and dissented in part as to merger of aggravated assault with felony murder (possession).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Crayton) | Held |
|---|---|---|---|
| Sufficiency to disprove self‑defense | Evidence (eyewitnesses, victim unarmed, close range, flight, disposal of gun, admission) supports convictions | Crayton testified victim drew a gun and he reasonably feared for his life | Held: Evidence sufficient; jury could reject self‑defense; conviction affirmed |
| Prosecutor misstatement in opening about felony murder (possession) | Opening comment misstated law (possession alone equals felony murder) but no contemporaneous objection by defense | Crayton argued misstatement warrants reversal or plain error review | Held: Unpreserved for appeal; plain error not available for opening statements; not considered |
| Ineffective assistance — failure to object to opening statement | Prosecutor misstated law; counsel deficient for failing to object | Counsel responded in his own opening and trial court later instructed jury correctly; no prejudice | Held: No ineffective assistance — no prejudice shown |
| Ineffective assistance — failure to move to suppress cell‑phone search | Warrant lacked probable cause; counsel ineffective for not moving to suppress | Warrant affidavit provided evidence; record doesn’t show other materials the court relied on; defense failed to show suppression would have succeeded | Held: No ineffective assistance — appellant failed to show suppression would have prevailed |
| Probable cause for warrant to search phones | Affidavit recited eyewitness accounts, admission, seizure incident to arrest, truck search with shell casings | Crayton argued affidavit insufficient; suppression should have been sought | Held: Superior court properly found probable cause; warrant issuance upheld; counsel not ineffective for failing to move |
| Admission of cellphone photographs and prior arrest evidence | Photographs and arrest testimony relevant for ID and to show the gun and prior possession; limiting instruction given | Crayton argued photos irrelevant/prejudicial and prior arrests impermissible other‑crimes evidence | Held: Trial court did not abuse discretion admitting photos; prior arrest evidence admitted without objection and had no plain error because defendant admitted convictions at trial |
| Lesser included instruction — voluntary manslaughter for felony murder (possession) | Crayton sought instruction that manslaughter is lesser included of felony murder (possession) | State argued possession felony is independent of killing so manslaughter is not a lesser included offense | Held: Voluntary manslaughter is not a lesser included of felony murder predicated on possession by a felon; no instruction required |
| Merger/sentencing — aggravated assault and felony murder (possession) | Crayton argued aggravated assault should merge with felony murder (possession) under merger rules | State relied on precedents holding Edge modified‑merger rule doesn’t apply to possession‑predicated felony murder; aggravated assault survives | Held: Court affirmed both convictions and sentences; three justices dissented as to merger of aggravated assault with felony murder (possession) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Bentley v. State, 261 Ga. 229 (jury decides whether State disproved affirmative defenses)
- Phillips v. State, 285 Ga. 213 (failure to contemporaneously object preserves issue for appeal)
- Smith v. State, 296 Ga. 731 (standards on suppression and counsel effectiveness)
- State v. Kelly, 290 Ga. 29 (plain error review framework)
- Edge v. State, 261 Ga. 865 (modified merger rule referenced regarding felony murder)
- Lawson v. State, 280 Ga. 881 (precedent concerning merger issues cited by majority)
- Ford v. State, 262 Ga. 602 (holding that possession‑only predicate for felony murder may be insufficient absent other culpable conduct)
- Harris v. State, 291 Ga. 175 (elements for felony murder predicated on possession by a felon)
- Shivers v. State, 286 Ga. 422 (discussion of dangerousness of possession as predicate for felony murder)