Dupree v. State
295 Ga. 655
Ga.2014Background
- On December 3, 2008, after an argument during a card game at John Darrisaw’s house, Caesar Dupree left the home; shortly thereafter Dupree shot Darrisaw, who returned inside saying, “He shot me,” and later died.
- An eyewitness testified Darrisaw had his empty hands raised when Dupree shot him; Dupree testified Darrisaw lunged at him repeatedly and threatened him, so Dupree shot in fear for his safety.
- Dupree admitted to giving a Cobra .380 pistol to his nephew after the shooting; the nephew turned the gun over to police; ballistics matched the gun to the casing and bullet from the scene.
- Dupree sought to turn himself in and told family he had shot and may have killed someone; he later testified he acted out of fear, partly due to a prior beating and a disability that limited his ability to fight.
- A Laurens County jury convicted Dupree of malice murder and two counts of felony murder; malice murder conviction stood and felony murder convictions were vacated as a matter of law; Dupree was sentenced to life and appealed claiming insufficient evidence and that at most voluntary manslaughter applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for malice and felony murder convictions | State: Evidence (ballistics, eyewitness, post-shooting admissions) supports convictions | Dupree: Evidence showed self-defense or at most voluntary manslaughter | Court: Evidence sufficient; jury could reject self-defense and convict of malice murder (felony murder vacated by law after malice conviction) |
| Self-defense claim | N/A | Dupree: He reasonably feared for his life because victim lunged, threatened, and might have had a gun | Court: Jury was not required to accept self-defense; credibility and conflicts resolved against Dupree by jury |
| Voluntary manslaughter as lesser-included offense | Dupree: Fear/provocation could reduce murder to voluntary manslaughter | State: Evidence supports murder; jury instructions on manslaughter were given, but facts supported murder beyond reasonable doubt | Court: Whether manslaughter applied was for the jury; record supports murder convictions rather than only manslaughter |
| Standard of review for sufficiency | N/A | Dupree: challenges sufficiency under Jackson v. Virginia | Court: Applied Jackson v. Virginia standard—viewing evidence in light most favorable to verdict, convictions upheld |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Davis v. State, 290 Ga. 584 (jury not required to accept self-defense)
- Caldwell v. State, 263 Ga. 560 (court will not resolve witness conflicts or reweigh evidence on sufficiency review)
- Riley v. State, 250 Ga. App. 427 (fear may support voluntary manslaughter in some circumstances)
- Jones v. State, 282 Ga. 47 (whether evidence shows only voluntary manslaughter is question for jury)