State v. Beard
307 Ga. 160
Ga.2019Background
- Late-night dice game on Auburn Ave.; Beard and victim Selemon Belai were gambling in a crowd and both were highly intoxicated.
- Argument erupted after Belai accused Beard of cheating; a gunfight ensued in which both fired; Belai died and Beard was seriously injured.
- Ballistics linked .357 revolver rounds to Beard and .40-caliber evidence to Belai; multiple eyewitnesses gave materially conflicting accounts.
- Beard was convicted by a jury of malice murder, related counts, and possession of a firearm in a felony; he received life imprisonment.
- The trial court granted Beard a new trial on the general grounds, acting as a "thirteenth juror," citing pervasive credibility conflicts and weak eyewitness proof.
- The State appealed; the Georgia Supreme Court affirmed, holding the trial court did not abuse its substantial discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in granting a new trial on the general grounds (OCGA §§ 5-5-20, 5-5-21) | The State: the evidence and physical facts compelled the guilty verdict; the trial court's grant was erroneous and unsupported. | Beard: the trial court properly exercised its broad discretion as the "thirteenth juror" given conflicting testimony and credibility problems. | Court affirmed: substantial discretion properly exercised; conflicts and witness credibility justified new trial and no abuse shown. |
Key Cases Cited
- White v. State, 293 Ga. 523 (explaining trial court's discretion as thirteenth juror)
- State v. Denson, 306 Ga. 795 (deference to trial court's grant of new trial on general grounds)
- State v. Holmes, 306 Ga. 647 (trial court's discretion and standards for new trial review)
- State v. Hamilton, 306 Ga. 678 (similar deference to trial court on credibility-based new trials)
- Hamilton v. State, 299 Ga. 667 (distinguishing limits on trial court discretion)
- Donald v. State, 287 Ga. 798 ("great physical laws" principle applies only in extraordinary cases)
- State v. Jackson, 295 Ga. 825 (limits where a trial court lacked jurisdiction or misapplied legal standards)
- State v. Caffee, 291 Ga. 31 (procedural note: State's right to immediate appeal of new-trial orders)