Flowers v. State
291 Ga. 122
Ga.2012Background
- On the morning of March 14, 2007, Williams was found dead in a vacant Fulton County house from gunshot wounds; police responded to a 911 call.
- Derrick Waller testified that Flowers brandished a gun during a drug dispute and shot Williams after Williams was at gunpoint with Ward.
- Waller testified he saw Flowers and Ward holding Williams at gunpoint during an argument over a drug debt; Waller fled and heard additional gunfire.
- Medical examiner determined Williams died from gunshots to the head and torso; the evidence supported the jury’s finding of guilt beyond a reasonable doubt.
- Post-trial, Flowers was convicted of malice murder and possession of a firearm during the commission of a crime; trial court denied a new trial; Flowers filed a timely appeal; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Flowers argues the evidence is insufficient | State contends the evidence was sufficient under Jackson v. Virginia | Evidence sufficient to support conviction |
| Whether the court should have given the mere presence charge | Flowers contends the court erred by not instructing on mere presence | State argues no mere presence instruction warranted by evidence | No error; evidence showed Flowers actively participated in the killing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence review)
- Farris v. State, 290 Ga. 323 (Ga. 2012) (jury credibility determinations reside with the jury)
- Crawford v. State, 288 Ga. 425 (Ga. 2011) (trial court may refuse instructions unsupported by evidence)
- Huckabee v. State, 287 Ga. 728 (Ga. 2010) (no mere presence charge where active participation is shown)