Myers v. State
299 Ga. 409
Ga.2016Background
- Late Nov. 2012: a series of nighttime burglaries occurred in Athens‑Clarke County; modus operandi: kick/pry entry, break porch lights, steal easily pawnable items.
- Nov. 26–27, 2012: three men entered the Davidson home; Edward Davidson confronted intruders and was shot and later died; a tire iron and kitchen knife were involved and showed co‑defendant Fuller’s DNA.
- Nov. 27, 2012 (early): Larry Fredericks returned to find his home at 502 Rust Wood Drive burglarized; a .32 caliber handgun and other items were stolen; a projectile from Fredericks’ practice area matched projectiles from Davidson’s body.
- Surveillance tied Myers to a Nov. 24 Arch Street burglary; footwear pattern at Rust Wood was consistent with shoes Myers wore at arrest; Fuller’s fingerprints were found at multiple burglary scenes; Baughns pawned stolen goods.
- Recorded and jailhouse statements: Myers told a contact (Ellison) and a cellmate (Mitchell) that he was lookout, that Fuller (a juvenile) shot Davidson, that Baughns drove and sold items, and that Myers disposed of the gun.
- Procedural posture: Myers tried separately, convicted of felony murder (burglary), multiple burglaries and related counts; sentenced to life without parole; appealed challenging sufficiency (Rust Wood burglary), conspiracy instruction, and fingerprint charge.
Issues
| Issue | Myers' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary at 502 Rust Wood Dr. | Evidence was insufficient to link Myers to that specific burglary. | Physical evidence (matching projectile, shoe impression), surveillance, and Myers’ admissions tied him to the Rust Wood burglary and the related murder. | Affirmed: evidence sufficient to convict Myers for the Rust Wood burglary. |
| Conspiracy jury charge | No evidence Myers was part of a conspiracy with Baughns and Fuller. | The pattern of multiple burglaries, roles (driver, burglars, pawning), and overlapping participation established a common design supporting a conspiracy charge. | Affirmed: trial court properly charged conspiracy. |
| Fingerprint charge | The fingerprint charge was misleading because prints only tied Fuller (not Myers) to other burglaries. | Fingerprint evidence placed Fuller at many scenes and was relevant to show the broader conspiracy and investigative progression. | Affirmed: no plain error in giving the fingerprint instruction. |
| Overall sufficiency for convictions related to Davidson murder | (implicit) challenged sufficiency by attacking linked burglary and evidentiary foundation. | Ballistics, admissions, physical and circumstantial evidence linked Myers to the burglary/murder crime spree supporting convictions. | Affirmed: convictions supported by the record. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for evidence sufficiency review)
- Grissom v. State, 296 Ga. 406 (conduct showing common design may establish conspiracy)
- Holmes v. State, 272 Ga. 517 (permitting conspiracy charge even if conspiracy not in the indictment)
- McCleod v. State, 297 Ga. 99 (co‑conspirator responsibility for acts in furtherance of conspiracy)
- Hicks v. State, 295 Ga. 268 (co‑conspirators jointly responsible for acts in keeping with common plan)
- Givens v. State, 294 Ga. 264 (plain‑error standard for jury instructions)