Davidson v. State, 289 Ga. 194

Davidson was convicted after a jury trial of felony murder and two counts of aggravated assault for the shooting death of 3-year-old Judah Tucker.
The convictions followed a trial in Douglas County, Georgia, with sentencing to life plus seven years.
Davidson filed a motion for new trial which was denied, and he appealed the denial.
The central issue on appeal was whether the trial court erred in refusing to instruct the jury on voluntary manslaughter.
Davidson claimed the surrounding chaotic events and provocation justified a voluntary manslaughter instruction.
The State argued there was no slight evidence supporting voluntary manslaughter, given Davidson's own testimony and other witnesses' statements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntary manslaughter instruction required?	Davidson argued that chaotic neighborhood events constituted serious provocation.	State contends evidence did not show the necessary provocation.	No error; charge not warranted.

Walker v. State, 281 Ga. 521, 640 S.E.2d 274 (Ga. 2007) (distinguishing self-defense from voluntary manslaughter in provocation analysis)
Worthem v. State, 270 Ga. 469, 509 S.E.2d 922 (Ga. 1999) (statements alone cannot constitute serious provocation)
Foster v. State, 264 Ga. 369, 444 S.E.2d 296 (Ga. 1994) (serious provocation considerations broader than victim-centered provocation)
Riggins v. State, 279 Ga. 407, 614 S.E.2d 70 (Ga. 2005) (words alone cannot constitute serious provocation)
Jackson v. State, 282 Ga. 494, 651 S.E.2d 702 (Ga. 2007) (trial court may refuse voluntary manslaughter where evidence shows attempts to repel attack, not passion)