State v. Denson
306 Ga. 795
Ga.2019Background
- Aug. 25, 2013: a crowd gathered at a housing project called "the Circle;" an altercation involving Myron Mitchell Jr., Mickey Albritton, Earl Dasher, and Javis Denson led to shootings.
- Eyewitnesses (Dasher, Zachary Mitchell, Craig Williams, Elton Williams, Tysheen Glenn) generally testified Mitchell and Albritton tussled over a gun, Albritton fell on top of Mitchell, shots were fired, Denson shot Dasher, and both Mitchell and Denson shot Albritton while he lay on the ground.
- Autopsy: Albritton suffered a fatal gunshot to the back and a nonfatal shot to the buttock; no gun was recovered on victims at the scene; the firearm later linked to the killings was a gun Denson owned and later lent to Glenn.
- Denson testified he arrived armed to defuse the situation, shot Albritton in defense of his brother when he thought Albritton fired/was about to kill Mitchell, and shot Dasher when Dasher ran toward him; he had a weapons carry license.
- Jury convicted Denson of felony murder (predicated on aggravated assault), two counts of aggravated assault, and three firearm-possession felonies; Denson moved for a new trial on general grounds.
- The trial court granted a new trial under OCGA §§ 5-5-20 and 5-5-21 (finding the verdicts "decidedly and strongly against the weight of the evidence"); the State appealed and the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by failing to specify factors it considered when granting new trial | Trial court gave no detailed findings explaining why weight of evidence favored new trial | No detailed findings are required; court applied correct legal standard and exercised discretion | No error; presumption trial judge understood and properly exercised discretion; detailed findings not required (affirmed) |
| Whether trial court abused its discretion granting new trial because evidence was strong and consistent | Eyewitness testimony was strong and largely consistent; facts support jury verdict and law/facts demand affirmance | Trial court, as "thirteenth juror," could weigh credibility and conflicts and conclude verdict was against weight of evidence | No abuse of discretion; judge may credit defense and discount other witnesses; grant of new trial upheld |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review on direct appeal; contrasted here because review under OCGA § 5-5-50 differs)
- White v. State, 293 Ga. 523 (trial judge may consider conflicts, credibility, and weight of evidence when sitting as thirteenth juror)
- Wilson v. State, 302 Ga. 106 (no authority requires detailed factual findings when granting or denying a new trial on general grounds)
- Holmes v. State, 306 Ga. 647 (discusses general‑grounds new-trial discretion and role of presiding judge)
- Harris v. State, 292 Ga. 92 (recognizes trial court's broad discretion to grant new trial on weight-of-evidence grounds)
