Roscoe v. State
288 Ga. 775
| Ga. | 2011Background
- Roscoe was convicted of malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon in connection with the killing of Pierce McCladdie, Jr.
- The crimes occurred on February 20, 2007; evidence included Roscoe shooting at the victim’s car after an alleged dispute with Lampkin and a fatal head shot to the victim.
- Police found a nine-millimeter gun under the mattress of Roscoe’s hotel room and a nine-millimeter cartridge casing in the car Roscoe drove on the day of the crimes.
- Roscoe moved for a new trial alleging error in jury instructions and that the State improperly used a different conviction to prove his status as a convicted felon.
- The indictment charged possession of a firearm by a convicted felon based on a 1997 Jenkins County felony theft by taking; the State introduced a 2001 Richmond County conviction for felony possession of cocaine.
- The trial court denied the motion for new trial; the Supreme Court affirmed, finding no reversible error in the challenged issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | Roscoe argues insufficiency to support malice murder. | State contends evidence supports malice murder beyond reasonable doubt. | Evidence sufficient to sustain verdict |
| Jury instructions on mitigating evidence | Roscoe claims instructions should have required consideration of passion/provocation for manslaughter. | State argues no Edge violation where malice murder verdict rendered. | No harmful Edge violation; malice murder conviction stands |
| Admission of different felony conviction to prove felon status | Roscoe contends variance from indictment due to using a different conviction. | State contends variance is non-fatal and does not prejudice rights. | Not a fatal variance; indictment adequate and rights not violated |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal conviction)
- Miller v. State, 283 Ga. 412 (Ga. 2008) (felony basis of prior conviction not required to specify underlying felony)
- Delacruz v. State, 280 Ga. 392 (Ga. 2006) (true variance inquiry focuses on material rights and informing charges)
- Edge v. State, 261 Ga. 865 (Ga. 1992) (mitigating evidence instruction relevance in murder cases)
- Taylor v. State, 271 Ga. 497 (Ga. 1999) (no harmful Edge violation when malice murder verdict)