Morris v. State
294 Ga. 45
Ga.2013Background
- Edward Morris, an alleged member of the "International Robbing Club" (IRC), was tried jointly with several co-defendants for crimes arising from a May 2007 attempted robbery/shooting of Randy Griffin and Lacey Magee and Griffin’s June 10, 2007 murder.
- Co-indictee Marciell Easterling (immunity witness) implicated Morris in multiple violent incidents, including Griffin’s murder and other killings and home invasions.
- Cell‑tower evidence and a former girlfriend’s statements placed Morris at the scene of Griffin’s murder; other witnesses tied Morris to the IRC and related offenses.
- At the close of the State’s case the trial court ruled Easterling’s uncorroborated testimony insufficient to support charges for the Osby and Hargrave murders and instructed the jury not to consider those two murders for Count 1 (criminal street gang activity).
- Morris was convicted of malice murder, aggravated assaults, attempted armed robbery, criminal street gang activity, and related counts; sentenced to life plus 50 years. He appealed, arguing (1) improper refusal to sever certain counts, (2) improper admission of gang‑expert testimony, and (3) lack of venue proof for Griffin’s murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance / admission of Hargrave and Osby evidence | Morris: Evidence of Hargrave and Osby murders unfairly prejudiced him and should have been severed or excluded. | State: Evidence was relevant to establishing the IRC as a criminal street gang and to co‑defendants’ conduct; trial court gave limiting instructions. | Affirmed — trial court did not abuse discretion; evidence relevant to Count 1 and limiting instructions and other safeguards mitigated unfair prejudice. |
| Admission of gang‑expert testimony (Sergeant Lyda) | Morris: Expert testimony on gang characteristics was improper and prejudicial. | State: Testimony was relevant to proving the IRC met statutory definition of a "criminal street gang." | Affirmed — testimony relevant; even if error, any error was harmless beyond a reasonable doubt. |
| Venue for Griffin murder | Morris: State failed to prove the murder occurred in Fulton County. | State: Club 112 was located in Fulton County and the Fulton County Medical Examiner performed the autopsy. | Affirmed — record established venue in Fulton County. |
| Sufficiency of evidence (preserved / plain‑error review) | Morris did not press insufficiency on appeal. | State: Evidence (witnesses, cell‑tower, admissions) supports convictions. | Court found evidence sufficient under Jackson v. Virginia standard. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Mapp v. State, 258 Ga. 273 (1988) (trial court discretion on severance)
- Green v. State, 279 Ga. 455 (2005) (severance analysis for multiple similar offenses)
- Boothe v. State, 293 Ga. 285 (2013) (harmless‑error standard for evidentiary rulings)
- Stevens v. State, 286 Ga. 692 (2010) (related summary of co‑defendant evidence and convictions)
- Morris v. State, 322 Ga. App. 682 (2013) (Court of Appeals decision affirming co‑defendant Vincent Morris)