Kipp v. State
296 Ga. 250
| Ga. | 2014Background
- Deanna Kipp was convicted of multiple counts related to the abuse and death of her 18-month-old daughter, including several felony murder counts and involuntary manslaughter.
- On direct appeal (Kipp v. State), the Georgia Supreme Court affirmed convictions but vacated multiple duplicate homicide-related sentences because only a single homicide occurred and remanded for resentencing.
- At resentencing the trial court imposed a single life sentence for one felony murder count; Kipp appealed that sentence.
- Kipp argued that under Edge v. State the jury’s involuntary manslaughter verdict precluded any felony murder conviction for the same death, so the life sentence for felony murder was improper.
- The State and prior Georgia precedent distinguish Edge’s “modified merger” rule (which addressed voluntary manslaughter) from cases involving involuntary manslaughter, arguing Edge does not apply when involuntary manslaughter is the alternate verdict.
- The Supreme Court of Georgia declined to extend Edge to felony murder paired with involuntary manslaughter, affirmed the life sentence, and refused to overrule prior cases declining such an extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Edge’s modified merger rule bars a felony murder conviction when the jury also convicts of involuntary manslaughter for the same death | Kipp: Edge precludes felony murder if jury returns involuntary manslaughter for the same assault | State: Edge applies only to voluntary manslaughter (provocation/passion); involuntary manslaughter lacks mitigating element, so Edge does not apply | Court: Declined to extend Edge to involuntary manslaughter; affirmed felony murder sentence |
Key Cases Cited
- Kipp v. State, 294 Ga. 55 (affirming convictions, vacating duplicate homicide sentences on remand)
- Edge v. State, 261 Ga. 865 (Edge modified merger rule: felony murder may be precluded when jury finds voluntary manslaughter due to provocation)
- Morgan v. State, 290 Ga. 788 (discussing Edge and its scope)
- Jones v. State, 263 Ga. 835 (refusing to extend Edge to involuntary manslaughter)
- Alexander v. State, 263 Ga. 474 (same)
- McNeal v. State, 263 Ga. 397 (same; explains involuntary manslaughter lacks mitigating provocation element)