Kuhn v. State, 301 Ga. 741

On Sept. 30, 2013, Curtis Todd Kuhn (Appellant) and his family were at the Polk County home where an argument escalated and gunfire occurred, resulting in the death of his stepfather, Robert Donald “Don” May II.
Crime scene: ten spent casings (five .40 from Kuhn’s Glock in grass; five 9mm from Don’s H&K in driveway); both guns later found in a trashcan; Don had multiple gunshot wounds, four entrance wounds to his back; Kuhn had a gunshot wound to his upper right arm.
Witness testimony (including Rusty, who tackled Don) and the GBI agent’s crime-scene analysis supported a theory that Don was backing away and was shot in the back after being tackled.
Kuhn gave statements and testified claiming self-defense; defense presented an expert offering a competing reconstruction (Kuhn fired from the grassy area; Don’s back wounds occurred while falling).
A jury convicted Kuhn of malice murder and related counts; he received life for malice murder and 20 years concurrent for cruelty to children; felony murder vacated and aggravated assault merged.
Trial court denied Kuhn’s motion for new trial; on appeal Kuhn challenged (1) sufficiency of the evidence and (2) denial of his request to have the trial judge hear the motion for new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support convictions	Kuhn argued evidence was insufficient; defense contended conflicting statements and expert reconstruction created reasonable doubt	State argued the evidence (witnesses, casings, autopsy, GBI analysis, appellant’s statements) supported guilt beyond a reasonable doubt	Court held evidence, when viewed favorably to the verdict, was sufficient; credibility conflicts are for the jury
Whether motion-for-new-trial judge erred in not using the trial judge	Kuhn argued he was entitled to have the trial judge preside over his motion for new trial	State argued a different judge who had been assigned to the case and presided over related pretrial matters could decide the motion; statute permits a judge who did not try the case to decide the motion	Court held no error: statute allows a judge who did not try the case to preside over and decide a motion for new trial; the assigned judge had presided over related hearings

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
Hayes v. State, 292 Ga. 506 (deference to jury on credibility and weight of evidence)
Thomas v. State, 300 Ga. 433 (credibility and justification issues for jury)
Shaw v. State, 292 Ga. 871 (jury may reject defendant’s self-defense claim)
State v. Harris, 292 Ga. 92 (a judge who did not try the case may decide a motion for new trial)
Weathersby v. State, 263 Ga. App. 341 (same statutory interpretation permitting non-trial judge to rule on new-trial motion)