Downey v. State
298 Ga. 568
| Ga. | 2016Background
- On April 10, 2008 Melvin Browder fired two shots from the passenger seat of a car driven by Jerry Downey; one shot fatally wounded Eboni Galloway. Downey and Browder then fled.
- Downey and Browder were indicted (April 2009) and tried together; juries convicted both of malice murder, aggravated assault counts, and firearm possession; Downey received life for malice murder and concurrent/ consecutive terms for other counts.
- Browder’s conduct was previously held to show implied malice (reckless shooting); Downey appealed his convictions after denial of a motion for new trial.
- Downey challenged: (1) sufficiency of the evidence to convict him as a party to malice murder, (2) an allegedly defective indictment for aggravated assault, (3) denial of a fair impartial jury due to a juror’s undisclosed ties to corrections/law enforcement, and (4) ineffective assistance of trial counsel (including failure to raise Batson and to request certain jury charges).
- The Supreme Court of Georgia reviewed the evidence and record, addressing accomplice liability with a reckless principal and various procedural and counsel-performance claims, and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Downey as a party to malice murder | Downey: Browder acted with implied malice (recklessness); one who acts only recklessly cannot share specific intent, so Downey could not have shared common criminal intent required for party liability | State: A principal’s implied malice (recklessness) supplies a general culpable mental state; an accomplice who intentionally aids or encourages a principal who is reckless can share the culpable mental state and be guilty as a party | Court: Affirmed — evidence permitted a rational jury to find Downey intentionally aided/encouraged Browder and shared the requisite criminal intent despite Browder’s implied malice (Jackson standard) |
| Indictment defective for aggravated assault (failed to allege "deadly weapon") | Downey: Indictment omitted an essential element (use of deadly weapon) | State: Indictment tracked OCGA §16-5-21(b)(4) (discharging firearm from a vehicle); a firearm is a deadly weapon per se, and allegation of firing a firearm suffices | Court: Affirmed — indictment properly alleged aggravated assault by discharging a firearm and therefore adequately alleged deadly-weapon use |
| Juror nondisclosure of ties to Dept. of Corrections and law enforcement | Downey: Juror Wayne Dasher failed to disclose service on State Board of Corrections and ties to law enforcement; nondisclosure denied a fair and impartial jury | State: Voir dire questions asked principal occupation; Dasher answered honestly; no misrepresentation and undisclosed ties alone would not require a for-cause strike absent bias | Court: Affirmed — Downey failed to show dishonesty or that truthful answers would have produced a valid challenge for cause; speculation insufficient |
| Ineffective assistance of counsel (Batson; jury instructions on knowledge/shared intent) | Downey: Counsel should have raised Batson for peremptory strikes and should have requested explicit knowledge/shared-intent charges | State: To prevail Downey had to show counsel’s deficiency and resulting prejudice; record lacked necessary evidence to prove a successful Batson challenge and jury instructions adequately covered intent/party liability | Court: Affirmed — Downey failed to show counsel acted unreasonably or that errors prejudiced him; Batson claim lacked trial-court proof and additional jury charges were unnecessary |
Key Cases Cited
- Browder v. State, 294 Ga. 188 (Ga. 2013) (evidence showed implied malice from reckless shooting)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibition on race-based peremptory strikes)
- Jones v. State, 292 Ga. 656 (Ga. 2013) (party liability requires shared criminal intent)
- Pierce v. State, 286 Ga. 194 (Ga. 2009) (explaining proof needed to raise meritorious Batson claim on ineffectiveness grounds)