Moran v. State
302 Ga. 162
Ga.2017Background
- Appellant Misty Sunshine Moran and companions conspired to rob a taxi; Moran summoned the taxi driven by Isaias Tovar‑Murillo while her friends followed in a getaway vehicle.
- During the ride Moran produced a 9mm handgun, demanded money, and shot the victim in the back of the head as he begged and attempted to flee; the taxi kept moving and crashed; Moran exited before the crash.
- Moran later hid the gun temporarily and ultimately returned it to the lender; the following day she confessed to a friend and gave details; she later told police the gun discharged accidentally while under her arm.
- Forensics showed the gun fired the recovered 9mm casing, required >6 pounds of trigger force, and the wound exhibited close‑range stippling consistent with a shot within a foot of the head.
- A Hall County grand jury indicted Moran on multiple counts including malice murder and related felonies; a jury convicted her on all counts tried (one count nolle prossed); she was sentenced to life without parole for malice murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder and aggravated‑assault (intent to kill) | Evidence (confession, shooting while victim begged and tried to escape, close‑range fatal shot) supports malice/intent; prosecution argued implied malice suffices | Moran argued there was no proof she intended to kill and that the shooting was accidental | Court held evidence was sufficient for malice murder and related convictions; implied malice and instant formation of malice apply; Jackson v. Virginia standard satisfied |
| Admissibility of cell‑phone text message photographs | State: photographs admissible; chain/foundation adequate and phone possession lawful given probation status and reasonable suspicion | Moran preserved a challenge to legal possession of the phone and foundational issues | Court held admission not erroneous: record lacked proof phone was obtained unlawfully; Moran was on probation with a Fourth Amendment waiver and reasonable suspicion justified review (Knights) |
Key Cases Cited
- Parker v. State, 270 Ga. 256 (discusses express and implied malice as bases for malice murder)
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence)
- United States v. Knights, 534 U.S. 112 (probationers have diminished privacy; warrantless searches may be justified by reasonable suspicion)
- Platt v. State, 291 Ga. 631 (malice may form in an instant)