300 Ga. 521
Ga.2017Background
- On Sept. 15, 2011, Michael Coleman was found with ~20 stab wounds and died; wounds showed he was seated/lying and there was no apparent struggle. No weapon was found on Coleman.
- Witness Dykes saw a Caucasian man with dark hair, a teardrop tattoo, and a lip ring leaving on a bicycle; Dykes later identified Mosley in a photo lineup.
- Mosley arrived at a friend’s home that night covered in blood, claimed a bicycle accident, then later told the friend he had killed someone in self-defense after the other person pulled a gun.
- Police recovered Mosley’s mountain bike with blood on the right brake handle; Mosley had no observable injuries and no weapon was recovered. Victim was smaller and older than Mosley.
- Mosley was tried June 11–13, 2012, convicted of malice murder and possession of a knife during the commission of a crime, sentenced to life plus five years, and after denied a new trial appealed.
Issues
| Issue | Mosley’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence / self‑defense | Mosley: evidence shows he acted in lawful self‑defense; no proof of malice or commission of another felony | State: physical disparity, lack of Mosley’s injuries, multiple savage wounds, victim unarmed, and forensic evidence support implied malice and aggravated assault | Court: affirmed — jury could reject self‑defense; evidence sufficient for malice murder and knife possession convictions |
| Supplementing missing trial transcript | Mosley: reconstructing record from witnesses’ and counsel’s memories denies due process because it relies on memory, not an actual transcript | State: OCGA §5‑6‑41(f)/(g) authorizes hearings and supplementation; trial court followed statutory procedure | Court: affirmed — trial court complied with statute; its adoption of supplemental testimony is final and not reviewable |
Key Cases Cited
- Glenn v. State, 296 Ga. 509 (affirming deference to jury on credibility and sufficiency review)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Carr v. State, 267 Ga. 547 (procedures for correcting or completing appellate record under OCGA §5‑6‑41)
- Glass v. State, 289 Ga. 542 (re‑creation of lost transcript from recollection is permissible under OCGA §5‑6‑41)
- Leeks v. State, 296 Ga. 515 (trial judge’s adoption of reconstructed transcript is dispositive and not subject to appellate review)