Dukes v. State, 290 Ga. 486

Dukes admitted to stabbing Johnson during a fight at Gordon’s apartment following being asked to help himself to food.
Gordon and Jamison witnessed the altercation; Johnson sustained 43 stab wounds and died.
Dukes later travelled to his mother’s house, implying an intent to flee and contemplating killing for pay.
In October 2006, Dukes told a cellmate that he killed Johnson with a knife and discarded evidence along the way.
The State introduced corresponding physical and testimonial evidence linking Dukes to the murder; jury convicted on malice murder and aggravated assault; felony murder conviction later vacated by operation of law; Dukes moved for new trial, which was denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported guilt beyond a reasonable doubt	Dukes—insufficient to prove malice murder beyond reasonable doubt	State—evidence showed intent and lethal act	Yes, evidence sufficient under Jackson v. Virginia
Whether the malice aforethought recharge misled jurors	Dukes—recharge emphasized premeditation	State—instruction correct and based on pattern charge	No reversible error; instruction proper
Whether testimony about intimidating a witness violated a motion in limine	Dukes—testimony about attempts to frighten witness improper	Evidence admissible to show guilt; linked to defendant	No error; testimony admissible under existing law
Whether Dukes’ statement to his mother was admissible as res gestae/admission	Dukes—statement not admissible as res gestae	Statement admissible as admission by party or res gestae	Admissible as admission by a party; no reversal
Whether the jury unanimity instruction was reversible error	Dukes—instruction unduly limited verdict requirement	Charger viewed as whole; not reversible plain error	No reversible error; instruction proper when viewed in context

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence)
Kell v. State, 280 Ga. 669 (Ga. 2006) (admissibility of witness intimidation evidence; specific context)
Nguyen v. State, 273 Ga. 389 (Ga. 2001) (witness intimidation as evidence of guilt; authorized by linked attempts)
Ballard v. State, 268 Ga. 895 (Ga. 1998) (third-party witness intimidation evidence relevance)
Parks v. State, 254 Ga. 403 (Ga. 1985) (unanimity instruction guidance)
Legare v. State, 250 Ga. 875 (Ga. 1983) (unanimity and jury instructions guidance (revised by later cases))
Humphries v. State, 287 Ga. 63 (Ga. 2010) (overruled on other grounds; unanimity charging context)
Malcolm v. State, 263 Ga. 369 (Ga. 1993) (felony murder conviction; operation of law)