Smith v. State, 290 Ga. 768

Smith was convicted after a jury trial of malice murder, felony murder charges, aggravated assaults, firearm offenses, attempted drug violation, and five counts of attempting to elude police.
Andresen was killed during a drug deal with Smith; a high-speed chase ensued involving five Cobb County police vehicles with lights and sirens on.
Evidence included Smith’s involvement in a felony drug deal, his flight from police, and a handgun found in the Acura after a collision.
Smith waived Miranda rights and gave statements blaming the shooting on a gunfight during the drug deal.
The trial court instructed on self-defense and accident, and addressed statutory limits on justification related to felonies.
On appeal, Smith challenged the jury instruction on justification and the five separate sentences for eluding officers.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Justification defense and felony pursuit	Smith argues OCGA §16-3-21(b)(2) barred justification when fleeing during a felony.	State contends Heard allows justification in some felony-murder contexts and the instruction was proper.	Proper to instruct; Heard-based limitation applies given underlying felony.
Multiple punishments for eluding officers	Smith contends counting eluding five times violates unit-of-prosecution.	State asserts each officer’s pursuit constitutes a separate unit of prosecution under OCGA §40-6-395.	Court upholds five separate counts; each pursuit constitutes a discrete offense.
Juror No. 7 for-cause strike	Smith contends juror's partial questioning required removal for bias.	State argues juror could be open-minded and trial court did not abuse discretion.	No abuse; juror could remain open-minded and decide by instruction and evidence.
Limiting instruction on prior convictions	Smith requested contemporaneous limiting instruction when prior convictions were admitted.	State notes defense failed to object when evidence admitted; waiver applies.	Review waived; no error.

Heard v. State, 261 Ga. 262 (1991) (limits on self-defense to felony murder context)
Williams v. State, 274 Ga. 371 (2001) (clarifies Heard in context of justification vs. status felonies)
Ford v. State, 262 Ga. 602 (1992) (felony murder and dangerous felonies; limits on dangerous per se rule)
Marlowe v. State, 277 Ga. 383 (2003) (unit of prosecution; discrete acts during single episode)
Ely v. State, 244 Ga. 432 (1979) (self-defense not defense to felony murder)
Demery v. State, 287 Ga. 805 (2010) (self-defense and crime absence; felony murder context)
Jackson v. State, 287 Ga. 646 (2010) (felony murder proximate causation standards)
Shivers v. State, 286 Ga. 422 (2010) (concurring views on felony murder and self-defense)
Crane v. State, 247 Ga. 779 (1981) (earlier holding on felony murder and self-defense context)