Gamble v. State
291 Ga. 581
| Ga. | 2012Background
- The shooting occurred July 14, 2007; Gamble was indicted December 18, 2007 for malice murder, felony murder, and two firearm charges.
- May 15, 2008, a jury found Gamble guilty of malice murder, felony murder, and a firearm possession charge; the second firearm charge was nol Prossed.
- June 12, 2008, Gamble was sentenced to concurrent life imprisonment for malice murder and felony murder and a five-year firearm sentence.
- Gamble filed a motion for new trial on June 16, 2008, which the trial court denied on September 1, 2011.
- The shooting evidence showed Rickman was killed by a gunshot while Gamb le followed him; an eyewitness (Owen) identified Gamble; bullets and shell casings were recovered; medical examiner linked Rickman’s death to gunfire consistent with the path of the second shot.
- The Court ultimately vacated the felony murder conviction and remanded for resentencing because there was a single victim and double murder counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support guilty verdict | Gamble argues evidence failed to prove guilt beyond reasonable doubt | State contends evidence viewed most favorably supported guilt | Evidence sufficient; rational trier could convict beyond reasonable doubt |
| Eyewitness identification instruction adequacy | Gamble sought Burrous-style identification instruction | Pattern instruction adequate and covered reliability factors | No reversible error; pattern instruction sufficient |
| Burden-shifting characterization in charge | Jury instruction improperly shifted burden to defense | Charge did not shift burden when viewed as a whole | No error; instruction not coercive or burden-shifting |
| Allen charge coerciveness and waiver | Allen charge was coercive due to timing and phrasing | Charge not coercive; Gamble requested the charge; plain error not shown | No coercive error; Gamble waived objection; no plain error |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence review)
- Stewart v. State, 286 Ga. 669 (Ga. 2010) (trial court not required to adopt exact language; substantial coverage ok)
- Brodes v. State, 279 Ga. 435 (Ga. 2005) (identification credibility factors may be considered in charge)
- Jennings v. State, 285 Ga. App. 774 (Ga. App. 2007) (upholding denial of Burrous-like identification charge)
- Roberts v. State, 276 Ga. 258 (Ga. 2003) (no reversible error in burden-related language)
- Scott v. State, 290 Ga. 883 (Ga. 2012) (pattern Allen charge not inherently coercive)
- Sharpe v. State, 288 Ga. 565 (Ga. 2011) (deliberation length alone not coercive)
- Howard v. State, 288 Ga. 741 (Ga. 2011) (recognizes intelligence factor in witness credibility as non-reversible)