Gomillion v. State, 296 Ga. 678

Michael Gomillion was convicted at a second jury trial (after a mistrial at the first) of malice murder, related aggravated assault counts, and possession of a firearm in connection with the October 22, 2005 shooting death of Clyde Chaney; he was sentenced to life plus additional terms.
Eyewitness testimony (Benny Clay) placed Gomillion near the scene moments before the shooting, saw a masked shooter flee, and later identified Gomillion when the shooter removed the mask; other witnesses linked Gomillion to prior masked shootings and to cleaning/loading a .357 Magnum the same day.
Physical evidence included a blue ski mask and dark clothing recovered from Gomillion’s impounded car and a hollow-point bullet consistent with a .357/.38 caliber weapon; a shoe found in the engine compartment suggested covert weapon transport.
The trial court denied Gomillion’s amended motion for new trial (general grounds alleging verdicts were against the weight of the evidence), employing language stating the evidence was sufficient for a rational trier of fact to convict.
On appeal to the Georgia Supreme Court, the Court reviewed whether the trial court applied the proper legal standard when ruling on the general-grounds motion for new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court applied the proper standard in ruling on the motion for new trial under OCGA §§ 5-5-20, 5-5-21	Gomillion argued the court failed to act as a "thirteenth juror" and weigh the evidence on the general grounds motion	State treated the denial as a sufficiency determination under Jackson v. Virginia	Court held the trial court used the Jackson sufficiency standard (legal review) instead of exercising discretion to weigh the evidence; order denying new trial vacated and case remanded for proper review
Sufficiency of the evidence to support convictions	Gomillion argued verdicts were against the weight of the evidence	State argued the evidence, when viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact	Court noted the evidence would be sufficient under Jackson v. Virginia but did not resolve weight issue because remand was required for proper discretionary review by the trial court

Jackson v. Virginia, 443 U.S. 307 (establishes the appellate sufficiency-of-the-evidence standard)
Manuel v. State, 289 Ga. 383 (trial court must exercise discretion as thirteenth juror on general-grounds motion)
Walker v. State, 292 Ga. 262 (discusses proper review on motions for new trial under general grounds)
White v. State, 293 Ga. 523 (reaffirming requirement that trial court weigh evidence when ruling on general-grounds motion)