Ellery v. State
293 Ga. 881
Ga.2013Background
- On Nov. 10, 2007, Charles William Ellery and Brandon Johnson went to Dykeith Williams’ apartment purportedly to buy marijuana.\
- Both men displayed guns; Johnson went to the kitchen with Williams, Ellery remained in the living room with Roderick Devanee.\
- Shots were fired: Williams was found dead in the kitchen; Devanee was shot in the chest and later survived.\
- Ellery also suffered a self-inflicted gunshot wound while leaving and discarded a handgun in the hallway; contact DNA on that handgun matched Ellery.\
- Devanee identified Ellery and Johnson; a phone near the parking lot belonged to Johnson.\
- Procedural posture: Ellery was indicted on multiple counts, acquitted of malice murder but convicted of felony murder, aggravated assault, and firearm-possession offenses; he appealed claiming insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for felony murder and related convictions | State: Evidence (DNA, identifications, circumstances) supports convictions | Ellery: Evidence insufficient to prove guilt beyond reasonable doubt | Affirmed — evidence sufficient under Jackson v. Virginia standard |
| Whether Ellery acted in self-defense | State: facts support rejection of self-defense | Ellery: claimed self-defense | Rejected — jury free to disbelieve self-defense claim |
| Whether Ellery was a party to Williams’ murder | State: joint action with Johnson and possession of firearm show party liability | Ellery: contested participation / liability as party | Affirmed — facts support party liability under Georgia law |
| Admissibility/weight of physical evidence (handgun DNA, phone) | State: physical evidence links defendants to scene | Ellery: disputed weight/implications of evidence | Court found evidence probative and sufficient for conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of the evidence)\
- Moss v. State, 274 Ga. 740 (Georgia appellate review must view evidence in light most favorable to verdict)\
- Harrell v. State, 253 Ga. 474 (party liability principles)\
- Hoffler v. State, 292 Ga. 537 (jury may reject self-defense claim)