Johnson v. State, 313 Ga. 698

July 15, 2016: After getting into an argument at Johnson’s mother’s house, Johnson pulled a 9mm handgun he had taken from friends’ car, waved it at Javontae Passard, and Passard shoved his hand.
Johnson then racked the slide twice (ejecting two live rounds) and fired two shots, striking Passard in the chest and lower abdomen; Passard died shortly thereafter.
Johnson drove away; he was indicted on malice murder, felony murder (aggravated assault predicate), and hijacking; convicted of malice murder and theft by taking (lesser-included of hijacking); felony murder was merged/vacated; sentenced to life plus concurrent 12 months.
Johnson requested a jury instruction on voluntary manslaughter as a lesser offense; the trial court refused; he appealed the trial court’s refusal.
The Supreme Court of Georgia reviewed whether there was even slight evidence of the serious provocation required to warrant a voluntary manslaughter instruction and affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing to instruct on voluntary manslaughter as a lesser offense of malice murder	Johnson: Passard’s uninvited approach, refusal to leave, confrontational words, and the shove constituted serious provocation creating a sudden, irresistible passion to kill	State: Those facts (approach/knock, argument/words, and the shove while Johnson pointed a gun) do not amount to serious provocation; shove was resistance to an unlawful act; heated words alone insufficient	Court: No error — no slight evidence of the serious provocation required for voluntary manslaughter; instruction not warranted
Whether error as to felony murder requires relief	Johnson: challenged same refusal as to felony murder count	State: Felony murder count was vacated/merged and therefore moot	Court: Moot as to felony murder; only malice murder claim considered

Hatney v. State, 308 Ga. 438 (2020) (trial court must give requested voluntary manslaughter charge if there is slight evidence supporting it)
Stuckey v. State, 213 Ga. 525 (1957) (killing a trespasser is generally murder, not manslaughter)
Merritt v. State, 292 Ga. 327 (2013) (angry statements generally do not constitute serious provocation)
Gresham v. State, 289 Ga. 103 (2011) (argument and future threats do not warrant voluntary manslaughter charge)
Nance v. State, 272 Ga. 217 (2000) (victim’s resistance to an armed robbery is not the type of provocation that warrants a voluntary manslaughter instruction)
Johnson v. State, 297 Ga. 839 (2015) (absence of specific provocation precludes voluntary manslaughter instruction)
Malcolm v. State, 263 Ga. 369 (1993) (merged felony murder count may be vacated by operation of law)
Mills v. State, 287 Ga. 828 (2010) (errors related to a felony murder count vacated by operation of law are rendered moot)