Sears v. State
298 Ga. 400
| Ga. | 2016Background
- Late June 2011, Sears and his girlfriend Bridget were drinking with William Cowart and Nancy Hilliard; an argument and physical fight erupted at Sears’s home after Cowart intervened to help Bridget.
- During the bedroom altercation Sears choked Cowart until Hilliard punched Sears; Cowart left to leave in Hilliard’s SUV with the women.
- Sears retrieved a bolt-action deer rifle, fired once from the front steps toward the SUV, then moved to the driver’s side and fired four close-range shots into Cowart, killing him; Sears later admitted shooting.
- Hilliard testified she saw Sears point the rifle toward her area, heard the shot, dropped to the ground, and feared being shot while Sears fired into the SUV. Forensics matched Sears’s rifle to the bullets and casings.
- Sears was convicted of malice murder and aggravated assault; acquitted of simple assault. He challenged sufficiency of the evidence and claimed a fatal variance between the aggravated-assault indictment and the proof. The Supreme Court of Georgia affirmed.
Issues
| Issue | Sears’ Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder vs. voluntary manslaughter | Evidence showed heat-of-passion killing; conviction should be reduced to voluntary manslaughter | Evidence showed deliberate acts, pursuit with rifle, multiple shots, and a cooling-off interval supporting malice murder | Affirmed malice murder; jury could find deliberate revenge and cooling-off period permitted murder verdict |
| Sufficiency of evidence for aggravated assault of Hilliard | Hilliard didn’t actually see Sears shoot at her and was hiding, so no reasonable fear of imminent injury | Hilliard saw Sears point the rifle toward her, heard shots, ducked, and was fearful of being shot | Affirmed aggravated assault; evidence supported reasonable apprehension of immediate violent injury from a deadly weapon |
| Fatal variance between indictment and proof on aggravated assault (alleged victim attempting to get into vehicle) | Indictment alleged Hilliard was attempting to get into the SUV; trial evidence didn’t show attempt so variance is fatal | Hilliard testified she had her hand on the door handle and had just lifted it when the shot was fired; variance not material | No fatal variance; allegations provided adequate notice, no surprise, and no risk of double prosecution |
| Jury’s role in weighing provocation and credibility | Sears contends provocation justified manslaughter and undermines murder finding | State emphasizes fact-finder’s role to weigh credibility and resolve conflicts in evidence | Court reiterated that jury determinations on credibility and provocation are controlling and affirmed convictions |
Key Cases Cited
- Wigfall v. State, 274 Ga. 672 (illustrating when jury may reject heat-of-passion claim and find malice murder)
- Baldwin v. State, 263 Ga. 524 (upholding malice murder where defendant shot victim as he fled after an altercation)
- Jackson v. Virginia, 443 U.S. 307 (legal standard for sufficiency of the evidence)
- McNair v. State, 296 Ga. 181 (jury decides murder vs. manslaughter sufficiency questions)
- Vega v. State, 285 Ga. 32 (deference to jury on witness credibility and conflicts in evidence)
- Futch v. State, 286 Ga. 378 (definition of aggravated assault and deadly weapon usage)
- Tiller v. State, 267 Ga. 888 (aggravated assault upheld where victim heard shot and fell to avoid being shot again)
- Haley v. State, 289 Ga. 515 (modern, materiality-focused approach to fatal variance)
- Lowe v. State, 267 Ga. 410 (cooling-off period can transform heat-of-passion killing into murder)