Mosley v. State
300 Ga. 521
| Ga. | 2017Background
- On Sept. 15, 2011 Michael Coleman was found with multiple, severe stab wounds; he died. Evidence showed he had been on a blood-covered couch and likely seated or lying when attacked.
- Witness Dykes saw a Caucasian man with dark hair, a teardrop tattoo under his eye, and a lip ring (attributes matching Mosley) leave the scene on a bicycle; a bike recovered from Mosley’s residence had blood on a brake handle.
- Mosley arrived later at a friend’s home covered in blood and claimed a bicycle accident; the next morning he told his roommate he had killed someone in self-defense after the other pulled a gun; he fled when police approached and was arrested nearby.
- Forensics showed numerous deep puncture wounds and no evidence of a struggle at the scene; Coleman was unarmed. Mosley had no observable injuries after the encounter; Mosley testified he stabbed Coleman in self-defense during a fight over Mosley’s wallet.
- A jury convicted Mosley of malice murder and possession of a knife during the commission of a crime; he was sentenced to life plus five years. The felony-murder verdict was vacated by operation of law. Mosley’s post-trial motion and amended motion for new trial were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove malice and related offenses | Mosley: killing was lawful self-defense, so evidence insufficient to prove malice or commission of aggravated assault | State: physical and forensic evidence, disparity in size/age, multiple savage wounds, lack of defendant injuries, and victim unarmed support implied malice and aggravated assault | Court: Affirmed — jury could reject self-defense and find guilt beyond reasonable doubt (Jackson review) |
| Trial-court supplementation of missing first-day transcript under OCGA §5-6-41(f) | Mosley: supplementing record from witnesses’ and counsel’s recollection violates due process because it relies on memory rather than an original transcript | State: court followed §5-6-41(f) procedures, reheard witnesses and counsel; trial judge’s adoption is final under statute | Court: Affirmed — trial court complied with statute; its decision to supplement the record is final and not subject to review |
Key Cases Cited
- Glenn v. State, 296 Ga. 509 (Ga. 2015) (appellate review defers to jury on credibility and weight of evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence review)
- Carr v. State, 267 Ga. 547 (Ga. 1997) (statutory procedure for correcting or completing the record when transcript is missing)
- Glass v. State, 289 Ga. 542 (Ga. 2011) (re-creation of lost transcript from recollection authorized under OCGA §5-6-41)
- Leeks v. State, 296 Ga. 515 (Ga. 2015) (trial judge’s adoption of supplemental testimony is dispositive and not subject to appellate review)
