Scott v. State
291 Ga. 156
Ga.2012Background
- Appellant Steven Scott was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a crime for the shooting death of Dan Smith.
- The victim was the boyfriend of Scott’s sister; the crimes occurred on April 1, 2008 in DeKalb County, Georgia.
- On appeal, Scott argued the trial court erred by excluding evidence that the victim had molested Scott’s niece and by refusing to charge voluntary manslaughter as a lesser included offense.
- Prosecution evidence showed the 16-year-old niece disclosed molestation; Scott talked with his niece, then confronted the victim and fatally shot him after a taunt about the molestation.
- The trial court denied the motion for new trial; Scott was sentenced to life for felony murder and a consecutive five-year term for firearms possession; malice murder was dead docketed.
- The Georgia Supreme Court reversed, holding there was slight evidence of provocation supporting a voluntary manslaughter instruction and that the exclusion of provocation evidence was harmful error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a voluntary manslaughter instruction was required | Scott argues provocation created a factual basis for manslaughter. | State contends evidence did not support provocation. | Error to withhold voluntary manslaughter instruction |
| Whether the trial court erred by excluding evidence of molestation | Evidence of molestation was relevant to provocation. | Evidence was irrelevant or outweighed by prejudice. | Harmful error to exclude provocation evidence |
| Whether the evidence was sufficient to sustain felony murder | Evidence supported conviction beyond reasonable doubt. | Not at issue; claim focuses on provocation. | Evidence was legally sufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Banks v. State, 227 Ga. 578 (Ga. 1971) (instruction on both murder and voluntary manslaughter when evidence supports)
- Henderson v. State, 234 Ga. 827 (Ga. 1975) (murder) manslaughter instruction when evidence supports)
- Glidewell v. State, 279 Ga. App. 114 (Ga. App. 2006) (provocation evidence sufficient for voluntary manslaughter charge)
- Brown v. State, 270 Ga. 601 (Ga. 1999) (words alone generally not sufficient for provocation)
- Todd v. State, 274 Ga. 98 (Ga. 2001) (provocation standards in Georgia)
- Strickland v. State, 257 Ga. 230 (Ga. 1987) (provocation and passion-related defense framework)