Plez v. State, 300 Ga. 505

Victim Gary Bussey stayed with Plez’s family during a visit to Atlanta on Oct. 22, 2011; he was later found dead, unclothed, in a bathroom adjacent to Plez’s mother’s bedroom.
Forensic evidence: 34 stab wounds (including defensive wounds), blood spatter indicating attack began in bathroom and continued into bedroom, a bloody 3-inch knife in bathroom, latex gloves with victim’s blood in bedroom, blood-covered jeans under bed, kerosene-like substance on carpet/curtains, and a butane can in the oven.
Plez made incriminating phone calls admitting he had killed a man and intended to burn the house; he used the victim’s debit card to withdraw $300 and drove the victim’s car to Florida.
Police arrested Plez entering the victim’s vehicle; items in the car included a pocketknife, a kitchen knife, a butane can, personal documents in Plez’s name, and papers about debts. Plez had no significant injuries.
Indictment and trial: Plez was tried in Oct. 2014, convicted of malice murder, aggravated assault (merged), theft, and financial transaction card theft; sentenced to life without parole for malice murder. Verdict as to felony murder vacated; attempted arson acquittal noted. Plez appealed.

Issue	Plez’s Argument	State’s Argument	Held
Sufficiency of the evidence to support convictions	Evidence was insufficient because prosecution lacked DNA or a confession	Circumstantial and direct evidence (calls, blood pattern, weapons, use of debit card, flight) sufficed	Convictions supported; evidence sufficient under Jackson standard
Failure to charge voluntary manslaughter as lesser included	Presence of pubic hairs on victim’s hand and circumstantial factors supported provocation instruction	No evidence Plez was source of hairs, Plez didn’t testify, and no evidence victim’s words/actions provoked sudden irresistible passion	No error; slight evidence of provocation lacking, so no manslaughter charge required
Admission of unclothed-body photographs (showing genitals)	Photographs were cumulative, inflammatory, prejudicial	Photos were relevant to body position, wounds, movement, and supported expert testimony; not unusually gruesome	No abuse of discretion under OCGA § 24-4-403; photos admissible for probative purpose

Jackson v. Virginia, 443 U.S. 307 (establishes legal-sufficiency standard for criminal convictions)
Johnson v. State, 297 Ga. 839 (provocation standard for voluntary manslaughter)
Lawrence v. State, 286 Ga. 533 (limits on provocation evidence)
Keita v. State, 285 Ga. 767 (provocation/voluntary manslaughter principles)
Davis v. State, 299 Ga. 180 (Rule 403 exclusion is sparingly used; trial-court discretion)
Allaben v. State, 299 Ga. 253 (gruesome but accurate photographs not per se inadmissible under Rule 403)