Morgan v. State
290 Ga. 788
| Ga. | 2012Background
- Morgan was convicted in 1994 of felony murder predicated on aggravated assault for the 1993 killing of Valencia Wright; he faced a long post-conviction delay before this appeal reached the Georgia Supreme Court; trial evidence showed stabbing with victim dying after at least ten wounds and prior threats including an earlier shooting; at trial, Morgan admitted to stabbing and gave details to law enforcement; a defense psychotherapist testified Morgan had low IQ, schizophrenia, depression, and that he acted with rage rather than intent to kill; the trial court charged malice murder, felony murder, aggravated assault, and voluntary manslaughter with provocation and passion, and the jury ultimately did not return a voluntary manslaughter verdict; the court ultimately affirmed the judgment despite Edge v. State interpretive history on jury instructions
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supported felony murder predicated on aggravated assault | Morgan | State | Evidence sufficient for felony murder |
| Whether the jury charge violated Edge v. State by improperly sequencing consideration of voluntary manslaughter | Morgan | State | No Edge violation; charge overall allowed voluntary manslaughter consideration |
| Whether Edge’s dicta requiring precise sequencing was effectively overruled, yet the charge still ensured full consideration of provocation and passion | Morgan | State | Charge adequate; no reversible error |
| Whether the trial court’s response to jury notes and handling of verdict forms affected liability | Morgan | State | No reversible error; no Edge violation |
| Whether post-conviction delay affected the appeal or rights | Morgan | State | Delay did not affect outcome; no error attributed to delay |
Key Cases Cited
- Edge v. State, 261 Ga. 865 (Ga. 1992) (limits on implying felony murder when provocation may yield voluntary manslaughter; Edge footnote 3 admonitions cited repeatedly)
- Hayes v. State, 279 Ga. 642 (Ga. 2005) (repudiated strict footnote-3 requirement; focus on overall charge ensuring consideration of provocation and passion)
- Allen v. State, 271 Ga. 502 (Ga. 1999) (no Edge violation where charge nearly same as challenged language)
- Russell v. State, 265 Ga. 203 (Ga. 1995) (addressed Edge footnote 3 admonition in verdicts; later modified through Hayes)
- Lewis v. State, 283 Ga. 191 (Ga. 2008) (recharge must not preclude voluntary manslaughter consideration)
- Harrison v. State, 268 Ga. 574 (Ga. 1997) (earlier error where jury told not to consider voluntary manslaughter if malice murder/felony murder found)
- Elvie v. State, 289 Ga. 779 (Ga. 2011) (concurs with flexible approach to jury instructions ensuring consideration of vol. manslaughter)
- Hill v. State, 269 Ga. 23 (Ga. 1998) (recurrent discussion of jury charge language similar to challenged phrasing)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility and resolution of conflicts in evidence)