Plez v. State
300 Ga. 505
| Ga. | 2017Background
- Defendant Chinua Anozienyako Plez was convicted by a Clayton County jury of malice murder, aggravated assault (merged), theft of a motor vehicle, and financial transaction card theft for the October 22, 2011 stabbing death of Gary Bussey; sentenced to life without parole plus concurrent terms. Felony murder conviction later vacated by operation of law; attempt to commit arson acquitted.
- Crime scene: Bussey found naked in bathroom with 34 stab wounds (including defensive wounds); blood patterning showed attack began in bathroom, continued into bedroom, and victim was dragged back; bloody knives, latex gloves, bloodied jeans, and apparent accelerant observed.
- Plez made post-offense statements to friends admitting he had killed a man and planned to burn the house; used Bussey’s debit card to withdraw cash and traveled in Bussey’s car to Florida; was arrested in Bussey’s vehicle and found with identification papers and a butane can. No confession at trial and no DNA evidence tying Plez to wounds.
- Plez moved for a new trial on general grounds and appealed, arguing (1) insufficient evidence, (2) trial court should have charged voluntary manslaughter as a lesser included offense, and (3) admission of crime-scene photos showing victim’s unclothed body was unduly prejudicial.
- Trial court denied relief; Georgia Supreme Court reviewed the record under Jackson v. Virginia standard and affirmed the convictions and evidentiary rulings.
Issues
| Issue | Plez’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions | Evidence was insufficient because no confession or DNA directly linking Plez to the stab wounds | Circumstantial evidence (statements, ATM use, blood patterning, bloody knives, items in car) was sufficient for a rational jury to find guilt beyond a reasonable doubt | Affirmed — evidence sufficient under Jackson v. Virginia standard |
| Voluntary manslaughter jury charge | Trial court should have charged voluntary manslaughter because facts could support heat-of-passion provocation | No evidence of provocation by victim; hairs on victim weren’t from Plez and Plez didn’t testify to provocation | Affirmed — no slight evidence of requisite sudden violent passion; no duty to charge lesser included offense |
| Admission of photographs of victim’s unclothed body | Photographs showing genitals were cumulative, inflammatory, and unfairly prejudicial under OCGA § 24-4-403 | Photos were probative to demonstrate body position, movement, wound location/extent, and supported the crime-scene expert’s opinions; not unusually gruesome | Affirmed — trial court did not abuse discretion under Rule 403; photos admissible when fairly and accurately depicting scene |
| New trial on general grounds (weight of evidence) | Jury verdict was contrary to justice and against weight of evidence | Appellate review limited to legal sufficiency; general‑grounds new trial is within trial court’s discretion | Affirmed — appellate review limited to Jackson sufficiency, which was met |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Johnson v. State, 297 Ga. 839 (lesser‑included voluntary manslaughter instruction standard)
- Davis v. State, 299 Ga. 180 (application of Rule 403; exclusion is extraordinary)
- Olds v. State, 299 Ga. 65 (new Evidence Code applies; Rule 403 guidance)
- Allaben v. State, 299 Ga. 253 (gruesome photographs not necessarily more prejudicial than probative)
- Lawrence v. State, 286 Ga. 533 (heat-of-passion/voluntary manslaughter analysis)
- Keita v. State, 285 Ga. 767 (provocation requirement for manslaughter charge)
- Malcolm v. State, 263 Ga. 369 (merger principles for convictions)
- Slaton v. State, 296 Ga. 122 (appellate limits on review of general‑grounds new trial)
- Cotton v. State, 297 Ga. 257 (Jackson standard governs sufficiency review on appeal)
- Allen v. State, 296 Ga. 738 (Jackson standard applies to appeals from denial of new trial on general grounds)
- United States v. Brown, 441 F.3d 1330 (photographic evidence probative value in context of expert testimony)
- United States v. De Parias, 805 F.2d 1447 (photographs admissible when relevant to crime reconstruction)