Hinton v. State
S21A0865
| Ga. | Aug 10, 2021Background
- On July 3, 2014, Kilon Williams was shot and killed; his friend Nicholas Gibson was robbed after being forced to strip by an assailant. Appellant Lamontez Hinton was tried jointly with Fernando Hogan.
- Gibson initially identified another person in a photo array, fled the scene, did not call 911, and had a criminal history; later he identified Hinton (gunman) and Hogan (driver) in subsequent photo lineups and at trial.
- Investigators tied the stolen phone to the area near Hogan and Hinton’s acquaintances; Hinton’s girlfriend Tiffany Combs told police Hinton took her blue Dodge Avenger the night of the shooting and admitted he and Hogan were "going to be getting into something." Hogan made post-incident statements suggesting robbery and a possible death.
- A jury convicted Hinton of malice murder, armed robbery, two counts of felony murder (based on felon-in-possession and aggravated assault), aggravated assault (Williams), aggravated assault (Gibson), conspiracy, possession by a felon, and possession of a firearm during a felony. Sentences included life for malice murder plus consecutive and concurrent terms for other counts.
- Hinton moved for a new trial; the trial court denied it. On appeal to the Supreme Court of Georgia, Hinton challenged (1) legal sufficiency of the evidence (primarily Gibson’s identification) and (2) denial of his motion for a new trial under the “thirteenth juror” (weight-of-the-evidence) standard. The State and court also identified a sentencing/merger error.
Issues
| Issue | Hinton's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (eyewitness ID) | Gibson’s ID unreliable: he fled, initially ID’d someone else, had a criminal history, and delayed reporting | Jury properly weighed credibility; Gibson later made positive IDs corroborated by Combs’s statement, phone records, and Hogan’s statements | Evidence was sufficient under Jackson v. Virginia; conviction affirmed |
| Motion for new trial under "thirteenth juror" (weight of evidence) | Verdict was against the weight of the evidence and trial court should have granted a new trial | Trial court applied correct standard; appellate review of denial is limited to Jackson sufficiency | Denial of new trial upheld because evidence was sufficient under Jackson |
| Merger / sentencing (aggravated assault of Gibson) | Aggravated assault (pointing gun) was same transaction as armed robbery and should merge | State acknowledged merger issue based on precedent | Conviction and 20-year concurrent sentence for aggravated assault of Gibson vacated and merged into armed robbery |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency of the evidence)
- Reeves v. State, 288 Ga. 545 (credibility and jury province over eyewitness ID)
- Vega v. State, 285 Ga. 32 (jury resolves conflicts/inconsistencies in evidence)
- White v. State, 293 Ga. 523 (explaining "thirteenth juror" standard and trial judge’s role)
- Thrift v. State, 310 Ga. 499 (appellate review of denial of new trial limited to Jackson sufficiency)
- Thomas v. State, 289 Ga. 877 (merger of aggravated assault into armed robbery when same act/transaction)
- Hogan v. State, 308 Ga. 155 (companion case summarizing trial evidence and addressing related merger issue)