Fulcher v. State, 297 Ga. 733

Victim Troy Clark was shot in the head at close range after appellant Marial Markeith Fulcher lay in wait outside a backyard party; appellant fled and disposed of the gun in a pond.
Witnesses identified Fulcher as the shooter despite a face covering; ballistics and matching blue bullets recovered from Fulcher’s home linked the recovered firearm to the fatal bullet.
Fulcher had been in a relationship with Isis Scurry, who had sexual relations with the victim; Scurry testified Fulcher had threatened to kill her and the victim if she did not stop seeing the victim.
Appellant’s sister Amisha and cousin were involved in post-shooting events (pickup and disposal of the gun); the cousin provided information that led police to recover the gun.
A Screven County jury convicted Fulcher of malice murder, felony murder, aggravated assault (merged), and possession of a firearm during a crime; sentencing included life for malice murder and other consecutive terms. Fulcher appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support convictions	State: Evidence (ID, ballistics, possession of matching bullets, circumstantial facts) proves guilt beyond reasonable doubt	Fulcher challenged sufficiency	Affirmed: Evidence sufficient under Jackson v. Virginia standard
Request for voluntary manslaughter instruction	State: No request made; evidence did not support heat-of-passion theory	Fulcher: Trial court erred by not charging voluntary manslaughter sua sponte	Affirmed: No plain error; record lacked provocation and sudden passion required for voluntary manslaughter
Mistrial based on prosecutor’s closing argument (alleged burden-shifting)	State: Comments not outcome-determinative; or cured by court’s recharge	Fulcher: Prosecutor shifted burden; curative instruction insufficient—mistrial required	Affirmed: Trial court did not abuse discretion; curative instruction remedied any potential prejudice

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence review)
Shaw v. State, 292 Ga. 871 (plain-error standard when defendant fails to request jury charge)
Flowers v. State, 291 Ga. 122 (trial court need not give instruction not supported by evidence)
Miller v. State, 289 Ga. 854 (curative instructions can remedy improper argument; mistrial discretionary)
Cowart v. State, 294 Ga. 333 (timeliness of objections to prosecutorial misconduct matters)
Jackson v. State, 292 Ga. 685 (mistrial standard and preservation of fair trial right)