Russell v. State, 303 Ga. 478

On August 9, 2013, 16-year-old Jermorris Russell, Quintavian Johnson, and Dayveian Gibson were play-fighting outside apartment homes; Russell removed a 9 mm handgun and briefly gave it to Gibson.
The encounter escalated after Johnson put Russell in a choke hold and later punched Russell in the eye; Russell fell, retrieved the gun, stood, pointed it at Johnson and Gibson, then fired.
Johnson, unarmed, was shot twice (one fatal wound traversed chest and heart); Gibson was shot in the arm. Medical testimony indicated Johnson was turned away and at least three feet from the shooter.
Russell remained on scene, called 911, surrendered the gun to police, and told officers he shot because Johnson hit him and they were trying to fight him.
A Newton County jury convicted Russell of malice murder, aggravated assault (Gibson), firearm-possession counts, and possession of a pistol by a minor; Russell received life plus consecutive terms. The Supreme Court of Georgia reviews sufficiency and jury-charge issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to support malice murder and aggravated assault	State: evidence shows implied malice and facts sufficient for convictions	Russell: lacked intent to kill or harm; shooting was unjustified/self-defense	Court: Evidence sufficient; implied malice can form instantly; transferred intent applies to Gibson conviction
Trial court’s refusal to give mutual combat jury instruction	Russell: requested mutual combat instruction; failure prejudiced his defense	State: facts did not show mutual agreement to fight; instruction not warranted	Court: No plain error; mutual combat instruction not warranted where evidence shows no mutual agreement and defendant claimed self-defense

Browder v. State, 294 Ga. 188 (malice implied where no considerable provocation and circumstances show an abandoned and malignant heart)
Coe v. State, 293 Ga. 233 (transferred intent doctrine applies to aggravated assault)
Wynn v. State, 272 Ga. 861 (malice may be formed in an instant)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
Tepanca v. State, 297 Ga. 47 (mutual combat instruction not warranted where defendant claims self-defense)
Pulley v. State, 291 Ga. 330 (no error in denying mutual combat instruction when defendant acted claiming self-defense)
Carruth v. State, 290 Ga. 342 (definition and contours of mutual combat)
Donaldson v. State, 249 Ga. 186 (mutual combat is not a mere scuffle)
Nelms v. State, 285 Ga. 718 (cases addressing requirement of deadly weapons for mutual combat instruction)