Reese v. State, 289 Ga. 446

Reese was convicted of felony murder, aggravated assault, and possession of a firearm during a felony in connection with the shooting death of DiMario Gibson.
The State proved that Reese’s wife hosted a fish fry at their home; Gibson (the victim) was Reese’s stepson and attended the party.
Reese confronted Gibson’s behavior and, after leaving the party, Reese shot Gibson when Gibson opened the front door, then left the house with the shotgun.
Evidence viewed in the light most favorable to the verdict supported a rational finding of guilt beyond a reasonable doubt.
Reese challenged the court’s failure to charge certain defenses (justification and defense of habitation) and raised Mistrial-related claims; the court denied relief after extensive analysis.
The Georgia Supreme Court affirmed, holding no error in the denial of Reese’s motions and no merit to the asserted defenses or mistrial claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence suffices to support the murder and related convictions.	Reese	State	Yes; evidence supported guilt beyond reasonable doubt.
Whether the court erred by not charging defense of habitation (justification).	Reese sought charge on habitation/justification.	State contends no evidence supports such charges.	No error; no substantial evidence to support habitation/justification.
Whether the court erred by not charging the general defense of justification.	Reese requested justification charge.	State argues lack of evidence.	No error; lack of evidentiary support.
Whether denial of mistrial motions violated Reese’s rights.	Mistrial motions should have been granted.	Trial court properly denied and instructed jurors to disregard improper remarks.	No reversible error; motions properly denied.
Whether trial counsel was ineffective for failing to pursue defenses.	Counsel ineffective for not pursuing habitation/justification.	No deficiency given lack of evidentiary support.	No ineffective assistance; no evidence to support defense, so performance not deficient.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for criminal convictions)
Hicks v. State, 287 Ga. 260 (Ga. 2010) (no error in declining justification where no evidence)
Crane v. State, 281 Ga. 635 (Ga. 2007) (verdict based on defense not leading to acquittal)
Wright v. State, 285 Ga. 428 (Ga. 2009) (preservation of mistrial issues; renewal requirement)
Whitaker v. State, 283 Ga. 521 (Ga. 2008) (evidence of silence during narrative not prejudicial)
Taylor v. State, 220 Ga. 801 (Ga. 1965) (reasoning on reasonable fears and misapplication of older doctrine)
Porter v. State, 272 Ga. 533 (Ga. 2000) (sole defense instruction mandatory only if supported by evidence)