Lanham v. State
291 Ga. 625
| Ga. | 2012Background
- Lanham was convicted at trial of felony murder and aggravated assault arising from the stabbing death of Gerald Mutcherson during a drug deal; aggravated assault merged into felony murder.
- Lanham admitted killing Mutcherson but claimed self-defense at trial.
- The death occurred October 5, 2005; Lanham was indicted in Bryan County on November 8, 2005.
- A jury found Lanham guilty of felony murder and aggravated assault on August 2, 2006; he was sentenced to life imprisonment.
- Lanham appealed, arguing (i) venue was not proven beyond a reasonable doubt and (ii) the trial court failed to instruct the jury on the burden of proving venue; the Court of Appeals affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proven beyond a reasonable doubt | Lanham contends venue was not proven beyond a reasonable doubt. | State argues venue is a jurisdictional fact proven beyond a reasonable doubt. | Venue proven beyond a reasonable doubt. |
| Sufficiency of evidence to support verdict | Lanham asserts insufficient evidence to support guilt beyond a reasonable doubt. | State contends the record supports a rational trier of fact finding guilt beyond reasonable doubt. | Evidence sufficient for guilt beyond a reasonable doubt. |
| Trial court venue instruction | Lanham claims court should have sua sponte instructed on venue as a material indictment element. | State asserts no mandatory sua sponte venue instruction required where venue is proven and general reasonable-doubt instruction given. | No reversible error from lack of explicit venue-specific instruction. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard of review for sufficiency of evidence)
- Armstrong v. State, 286 Ga. 420 (Ga. 2010) (venue proven through investigative testimony and maps)
- Robinson v. State, 275 Ga. 143 (Ga. 2002) (officer’s testimony locating crime scene supports venue)
- Napier v. State, 276 Ga. 769 (Ga. 2003) (recommended venue instruction language)
- Shahid v. State, 276 Ga. 543 (Ga. 2003) (reversals not required for absence of sua sponte venue instruction)
- Harwell v. State, 230 Ga. 480 (Ga. 1973) (no error when verdict form and general instruction addressed venue)
- Lynn v. State, 275 Ga. 288 (Ga. 2002) (encouraged venue instruction in appropriate cases)