Morrell v. State
313 Ga. App. 443
Ga. Ct. App.2011Background
- Morrell was indicted for aggravated assault and possession of a firearm during the commission of a crime; the jury found not guilty of aggravated assault and guilty of firearm possession.
- Shooting occurred on the night of August 9, 2008; Morrell allegedly drove a car in which Gadson, the shooter, was present during a robbery attempt.
- Police later identified Morrell as the car driver; Gadson testified Morrell was the driver and that Gadson was the shooter and owned the gun.
- Morrell testified he was the driver but claimed no knowledge of Gadson having a gun or planning a robbery; Gadson had discarded the gun and later pled guilty.
- A police interview and a girlfriend’s statements suggested Morrell knew about Gadson’s involvement and sought to protect Gadson.
- On appeal Morrell challenges the inconsistent verdicts and alleged errors in jury instructions; the court affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Inconsistent verdicts valid despite prior rule | Morrell argues inconsistency between guilty on firearms and not guilty on aggravated assault. | State argues Milam v. State abolished the rule and allows such inconsistency. | Inconsistent verdicts are permissible. |
| Plain error in knowledge instruction | Failure to include knowledge-related language in instruction constitutes plain error. | Trial court's knowledge-related guidance plus other instructions suffice; no plain error. | No plain error; instruction proper in context. |
| Grave suspicion instruction adequate | Requested grave-suspicion instruction was reversible error if denied. | Charge already adequately explained grave-suspicion concept elsewhere. | No reversible error; instruction adequate. |
Key Cases Cited
- Turner v. State, 283 Ga. 17 (2008) (exception to inconsistent verdict rule when record shows reasoning)
- Guajardo v. State, 290 Ga. 172 (2011) (jury question during deliberation; explains speculation on rationales for verdicts)
- Sapp v. State, 290 Ga. 247 (2011) (context for jury instructions and plain error considerations)
- Kelly v. State, 290 Ga. 29 (2011) (application of plain-error and jury instruction standards)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard for criminal convictions)