Sears v. State, 290 Ga. 1

Sears was convicted of felony murder for the death of 16-month-old Jakyila while Sears and the child’s mother cohabited in Clayton County.
Evidence showed the victim became unresponsive after Sears interacted with her; Sears later claimed he shook and hit her while trying to revive her.
Medical testimony attributed the death to a very severe head injury with signs of violent shaking, inconsistent with asthma, vaccines, sleep apnea, or insect bites.
External signs of abuse included bruises and a torn frenulum; the jury heard Sears’s admissions and contemporaneous statements described to others.
The State charged Sears with malice murder and related felonies; the jury acquitted of malice murder but convicted on other counts, with merges for sentencing.
On motion for new trial, Sears challenged the sufficiency of the evidence and the trial court’s refusal to give an accident defense instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient malice to support felony murder?	Sears argued lack of malice to support the charge.	State contends evidence showed deliberate acts with malice.	Yes; sufficient malice shown to sustain conviction.
Did the trial court err in refusing an accident instruction?	Sears sought an accident instruction based on perceived innocent revival attempt.	State contends malice charge negates accident defense; no sole defense requirement.	No reversible error; accident instruction not required given malice instructions and evidence.
Is the judgment warranted despite the dissent’s view on accident instructions?	Sears’s dissent asserts reversible error requiring accident instruction.	Majority stands by harmlessness of error and sufficiency of evidence.	Judgment affirmed; majority rejected dissent’s reversal rationale.

Tarvestad v. State, 261 Ga. 605 (Ga. 1991) (whether failure to give accident charge is reversible error)
Phillips v. State, 247 Ga. 13 (Ga. 1981) (accident instruction not required where sole defense unclear)
DeBerry v. State, 241 Ga. 204 (Ga. 1978) (failure to give accident charge not reversible where not sole defense)
Hannah v. State, 278 Ga. 195 (Ga. 2004) (jury's conclusion of malice precludes accident theory)
Johnson v. State, 253 Ga. 37 (Ga. 1984) (jury credibility and element resolution within malice context)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for evidence)
Goodwin v. State, 262 Ga. 903 (Ga. 1993) (need for accident instruction when sole defense is applicable)
Hamilton v. State, 260 Ga. 3 (Ga. 1990) (misfortune/accident lacks crime element; caution in charges)
Turner v. State, 262 Ga. 359 (Ga. 1992) (precedent on accident defense in malice contexts)
Price v. State, 289 Ga. 459 (Ga. 2011) (review of harmless error when accident instruction considered)
Vega v. State, 285 Ga. 32 (Ga. 2009) (due process in evaluating credibility and mens rea)