Davis v. State
290 Ga. 757
| Ga. | 2012Background
- Davis was convicted of felony murder predicated on a drug transaction and attempted VGCSA; motion for new trial denied and appeal taken.
- Evidence shows Davis and his brother went to a vacant apartment to buy marijuana from Dalton and Simpson; Justin pulled a gun intending to rob; Dalton was shot and died.
- Justin's felony murder and VGCSA convictions were upheld by this Court in Davis v. State, 287 Ga. 173 (695 S.E.2d 251) (2010).
- Davis requested a self-defense instruction in a felony murder context; trial court gave the pattern instruction prohibiting self-defense in certain felony contexts.
- Prosecution argued Davis’s VGCSA admission made him automatically guilty of felony murder; trial court instructed closing arguments are not evidence and answered jury’s inquiry that VGCSA conviction did not automatically yield felony murder conviction.
- Court addressed proximate cause linking the drug transaction to Dalton’s death and whether the underlying felony was inherently dangerous; discussed jury instructions on nexus and inherent dangerousness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense can be a justification to felony murder | Davis contends Heard allows justification defense in felony murder. | State argues pattern instruction correctly frames law; facts do not support justification. | Self-defense justification not required for this case; pattern instruction upheld and no plain error found. |
| Whether the prosecutor's closing argument stating automatic guilt from VGCSA admission was improper | Davis claims misstatement of law biased the jury. | State argues comments were argument, not law; court instructed law and answered jury questions; harmless error. | No reversible error; any error was harmless given instructions and jury inquiry response. |
| Whether there was a sufficient nexus between the predicate felony and the death for felony murder | Davis argues VGCSA was not linked sufficiently to Dalton’s death. | State asserts proximate cause and res gestae linkage established; felony inherently dangerous under circumstances. | Sufficient nexus; marijuana deal proximate cause; underlying felony foreseeably dangerous under circumstances. |
| Whether the trial court properly instructed on the nexus between the felony and death and on inherent dangerousness | Davis contends the jury was not properly instructed on legal connection and inherent dangerousness. | State asserts instruction on nexus was correct and inherent dangerousness instruction not required. | Nexus instruction correct; omission of an inherent dangerousness instruction not plain error. |
| Whether Davis received ineffective assistance of counsel based on alleged failures related to jury charges | Davis claims counsel failed to challenge faulty charges and ineffective handling of arguments. | State contends counsel acted within reasonable professional conduct and no prejudice shown. | No ineffective assistance; no reasonable likelihood of different outcome. |
Key Cases Cited
- State v. Jackson, 287 Ga. 646 (2010) (proximate cause for felony murder; inherently dangerous felony analysis)
- Heard v. State, 261 Ga. 262 (1991) (self-defense may be a defense to felony murder; not barred by status)
- Smith v. State, 290 Ga. 768 (2012) (clarifies application of Heard and self-defense in felony murder context)
- Hulme v. State, 273 Ga. 676 (2001) (felony must be inherently dangerous to support felony murder)
- Shivers v. State, 286 Ga. 422 (2010) (inherently dangerousness instruction not required; focus on foreseeability)
- Kelly v. State, 290 Ga. 29 (2011) (plain-error review for jury instructions; non-reversible without effect on outcome)
- Davis v. State, 287 Ga. 173 (2010) (precedent on the companion felony murder and VGCSA conviction)