Merritt v. State
292 Ga. 327
| Ga. | 2013Background
- Merritt was convicted of malice murder in Clayton County for his wife Alesha's death; the jury returned verdicts on malice murder and felonies with certain merges.
- A text Merritt sent to his sister admitted to choking Alesha and referenced a murder, with “SCARFACE” signing; later found body on bedroom floor, death from asphyxia by strangulation.
- Merritt gave a police statement denying killing Alesha but admitting sending the incriminating text; he claimed no other physical contact occurred.
- Medical examiner testified Alesha died by strangulation with specific injuries consistent with strangulation, though no neck bruising was observed.
- Merritt argued the text was only an admission, not a confession, and that the State failed to disprove other explanations (circumstantial evidence standard); the State contends the text was a confession corroborated by independent evidence.
- The court affirmed; it held the text constituted a confession sufficiently corroborated, and rejected Merritt’s challenges to the sufficiency of the evidence and to the omission of a voluntary manslaughter instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices to sustain malice murder | State argues the text constitutes a confession and is corroborated by independent evidence. | Merritt argues the text is only an admission, not a confession, and the State failed to exclude other hypotheses. | Evidence sufficient beyond a reasonable doubt. |
| Whether the trial court erred by not instructing on voluntary manslaughter | State contends no error given no evidence of serious provocation. | Merritt argues there was slight evidence of provocation warranting instruction. | No plain error; no basis to charge voluntary manslaughter. |
Key Cases Cited
- Robinson v. State, 232 Ga. 123 (Ga. 1974) (confession defined as main fact from which elements may be inferred)
- Rockholt v. State, 291 Ga. 85 (Ga. 2012) (corroboration of confession allows conviction without independent guilt proof)
- Rogers v. State, 290 Ga. 401 (Ga. 2012) (confession may be corroborated by independent evidence)
- Sheffield v. State, 281 Ga. 33 (Ga. 2006) (confession sufficiency with corroboration from independent facts)
- Kirkland v. State, 271 Ga. 217 (Ga. 1999) (corroboration principles for confession)