Falay v. State
320 Ga. App. 781
| Ga. Ct. App. | 2013Background
- On December 23, 2008, Falay and co-defendant Bivens robbed two victims in a Grayson subdivision at gunpoint and demanded money from them.
- During the robbery, a struggle occurred; Bivens shot and killed the first victim, and Falay and Bivens fled the scene.
- Falay was later found shot near a nearby residence; a surviving victim identified Falay in a photographic lineup, and ballistic and shoe-print evidence connected Falay to the shooting.
- Co-defendant Dorce testified under immunity, describing Falay as part of the plan and mentioning a planned robbery; Falay and Dorce gave conflicting accounts, with Falay admitting some involvement.
- Falay was convicted of one count of aggravated assault; he appealed asserting insufficiency of the evidence, discovery violations, and a requested abandonment instruction, which the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence after acquittal on felony murder | Falay | Falay | Evidence sufficient for aggravated assault |
| Discovery violation denying witness testimony | Falay | Falay | Trial court did not abuse discretion; testimony admitted |
| Abandonment instruction not given | Falay | Falay | No error; court properly refused abandonment charge |
Key Cases Cited
- Turner v. State, 283 Ga. 17 (Ga. 2008) (abolition of inconsistent verdict rule; no inquiry into jury deliberations)
- State v. Robinson, 275 Ga. App. 117 (Ga. Ct. App. 2005) (sufficiency of evidence for firearm during aggravated assault notwithstanding acquittal)
- Clay v. State, 290 Ga. 822 (Ga. 2012) (prejudice and bad faith required for exclusion due to discovery violations)
- Taylor v. State, 305 Ga. App. 748 (Ga. Ct. App. 2010) (discretion in admitting otherwise relevant testimony)
- McElroy v. State, 244 Ga. App. 500 (Ga. Ct. App. 2000) (discretion to tailor jury instructions; avoid confusion)
- Reese v. State, 270 Ga. App. 522 (Ga. Ct. App. 2004) (standard of review: view evidence in favor of verdict)
- Holloman v. State, 257 Ga. App. 490 (Ga. Ct. App. 2002) (abandonment principles and jury instruction framing)
- Younger v. State, 288 Ga. 195 (Ga. 2010) (abandonment requires admission of engaging in underlying crime)