Manuel v. State
289 Ga. 383
| Ga. | 2011Background
- Dec. 17, 2005: victim Kenneth Black shot multiple times on a high-crime pathway near Motel Six; bullets were .38 hollow-points fired from same gun.
- Prostitute Melissa Stephens reported the victim with her earlier in Quality Inn; victim retrieved $700 from ATM to pay Stephens.
- Eyewitnesses Rahsean McIntosh (16) and Emmanuel Adkins (17) saw a man exit the pathway with a silver gun; they identified Manuel in lineup and in court.
- Manuel was arrested the day after the murder; search of his apartment yielded a .38 hollow-point bullet matching the bullets found on the victim.
- Trial: jury convicted Manuel of malice murder and possession of a firearm during a felony; court sentenced him to life plus five years consecutive.
- Manuel moved for new trial; the trial court denied; Manuel sought reconsideration and appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain verdict | Manuel argues witnesses were inconsistent and lack credibility; evidence is insufficient. | Prosecution argues eyewitness identifications and physical evidence suffice. | Evidence sufficient; rational trier could find guilt beyond reasonable doubt. |
| Proper standard for new-trial discretion on weight of the evidence | Trial court failed to apply OCGA 5-5-21 weight-of-evidence standard. | Court implicitly applied discretion; no miscarriage of justice. | Remand for proper discretionary review under OCGA 5-5-21; vacate judgment. |
Key Cases Cited
- Samuels v. State, 223 Ga.App. 275 (1996) (single witness can establish fact; weight/credibility for jury)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review)
- Alvelo v. State, 288 Ga. 437 (2011) (trial court discretion in new trial; weight-of-evidence standard)
- Rutland v. State, 296 Ga.App. 471 (2009) (distinguishes discretionary standard from sufficiency)
- Bhansali v. Moncada, 275 Ga.App. 221 (2005) (trial court discretion to grant new trials)
- Mills v. State, 188 Ga. 616 (1939) (discretion to grant/deny new trials; cannot disapprove and deny)
- Jones v. State, 219 Ga.App. 780 (1996) (sufficiency assessment distinctions)
- Ricketts v. Williams, 242 Ga. 303 (1978) (distinguishes sufficiency vs. discretion; double jeopardy concept)
- Priest v. State, 265 Ga. 399 (1995) (duality of weight-of-evidence vs sufficiency doctrine)