Taylor v. the State
331 Ga. App. 577
Ga. Ct. App.2015Background
- Defendants Travis Taylor and Shawn Kitchens were tried jointly for crimes arising from a July 27, 2010 gang-related shootout in Macon that left Rodrion Gary dead and Tavish Faulks wounded; three co-defendants pled guilty before or during trial.
- Taylor was convicted of two counts of aggravated assault, possession of a firearm during the commission of a felony, and participation in criminal street gang activity; he was acquitted of malice murder and felony murder.
- Key trial evidence: witness testimony placing Taylor at the scene with a gun (found later in a shed in a black tote bag), 380-caliber shell casings at the scene, and gang expert testimony about the Unionville Crips and Bloomfield rivalry.
- The jury was instructed it could convict Taylor as a party to crimes (aiding/abetting), and the State introduced testimony and circumstantial evidence to corroborate accomplice statements.
- Taylor moved to sever and later sought a new trial; he challenged verdict consistency (double jeopardy/inconsistent verdict), sufficiency of the evidence, denial of severance, sentencing as cruel and unusual, and the trial court’s consideration of his juvenile record.
Issues
| Issue | Taylor's Argument | State's Argument | Held |
|---|---|---|---|
| Whether acquittal on murder charges bars convictions for assault, firearm possession, and gang participation (double jeopardy/inconsistent verdict) | Jeopardy attached on murder acquittal so subsequent guilty verdicts on related counts violate double jeopardy / are inconsistent | Single prosecution tried all counts together; Georgia rejects the inconsistent-verdict rule; no double jeopardy violation | Rejected Taylor’s claim; no double jeopardy or relief for inconsistent verdicts absent transparent record of jury reasoning |
| Sufficiency of the evidence for aggravated assault and related counts | No witness saw Taylor fire a gun; conviction requires proof he aided actual shooters | Conviction as a party may rest on presence, conduct, and circumstantial evidence showing intent to aid/abet; corroboration exists | Evidence sufficient to convict Taylor as a party to aggravated assault, possession, and gang participation |
| Denial of severance (joint trial with Kitchens) | Taylor’s defense (noninvolvement) conflicted with co-defendants’ self-defense claims; joint trial prejudiced him | Trial court has broad discretion; only two defendants at trial, separate verdicts, and no demonstrated prejudice | Denial of severance was not an abuse of discretion |
| Sentencing: Eighth Amendment and use of juvenile record | Aggregate sentence was cruel and unusual; juvenile records improperly considered to enhance sentence | Sentences were within statutory ranges; juvenile dispositional records were admissible for sentencing under then-applicable law | Sentences upheld; no Eighth Amendment violation; juvenile records properly considered |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Milam v. State, 255 Ga. 560 (rejection of inconsistent-verdict rule)
- Turner v. State, 283 Ga. 17 (exception requiring transparent record of jury reasoning for inconsistent verdict relief)
- Coleman v. State, 286 Ga. 291 (upholding convictions despite acquittals on related counts)
- Williams v. State, 288 Ga. 7 (discussion of double jeopardy and related protections)
- Threatt v. State, 293 Ga. 549 (slight extraneous corroboration sufficient to support accomplice testimony)
- Burrell v. State, 258 Ga. 841 (use of juvenile records in sentencing context)