Scott v. State
290 Ga. 883
| Ga. | 2012Background
- NathanieI Scott was convicted of malice murder and possession of a firearm during the commission of a felony for the July 20, 2007 shooting of Edward Nurse at a gas station in Atlanta.
- Deonta Scott, Nathaniel's cousin, testified under immunity that Nathaniel drove the suspects' black Ford Taurus and was at the scene.
- Surveillance footage and witnesses linked Scott to the crime; a .40 caliber shell casing was found at the scene.
- The prosecution released footage to news outlets; immunity-supported testimony was used to attack credibility.
- Defendant challenged evidence strength, closing arguments, jury instructions, immunity-venue issues, Allen charges, and trial counsel performance; the trial court denied motions for new trial.
- The Georgia Supreme Court affirmed all challenged rulings and upheld the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Scott argues evidence fails to prove malice murder and firearm felony. | State contends evidence supports guilt beyond reasonable doubt. | Evidence sufficient to support verdicts. |
| Prosecutor's closing arguments | Scott claims improper expressions of opinion and appeals to biases. | State asserts closing was within permissible latitude. | No reversible error; arguments were permissible. |
| Immunity agreement in jury room | Scott contends immunity document sent to jury violated continuing witness rule. | State maintains document either not sent or harmless/defense-consistent. | No reversible error; if present, consistent with defense theory. |
| Allen charges | Scott argues Allen charges were coercive. | State maintains charges were not coercive and properly tailored. | No reversible error; charges not coercive. |
| Ineffective assistance and related trial rulings | Scott contends trial counsel failed to object or present impeaching testimony. | State contends objections and strategy were reasonable; no prejudice shown. | No ineffective assistance established. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for federal review)
- Fulton v. State, 278 Ga. 58 (2004) (plain error review and closing argument standards)
- Mullins v. State, 270 Ga. 450 (1999) (waiver principles in closing arguments)
- Kelly, 290 Ga. 29 (2011) (plain error review for jury instructions)
- O'Neal v. State, 288 Ga. 219 (2010) (need for curative instruction when prejudice occurs)
- Adams v. State, 283 Ga. 298 (2008) (perspective on closing argument discretion)
- Lowery v. State, 282 Ga. 68 (2007) (coerciveness of Allen charges)
- Rivers v. State, 250 Ga. 288 (1982) (credibility assessment of witnesses)
- Clark v. State, 284 Ga. 354 (2008) (continuing witness rule and defense theory)
- Sears v. State, 270 Ga. 834 (1999) (jury instructions and permissible curative measures)