Terry v. State
291 Ga. 508
| Ga. | 2012Background
- Terry was convicted of felony murder with aggravated assault as underlying felony and possession of a firearm during the commission of a felony; sentenced to life with a suspended five-year term for possession.
- James Hansell died March 14, 2008 from multiple gunshot wounds sustained March 9 on the Fulton County apartment complex grounds where both parties lived.
- Two residents identified Terry as the man arguing with Hansell outside Terry’s apartment and later entering Terry’s apartment, carrying a gun, and shooting Hansell; a witness said Hansell had no weapon.
- A resident testified Terry retrieved a gun from the apartment just before the shooting; a firearms expert linked bullets from Hansell’s body and scene to the same weapon and gunshot residue indicated a 36–42 inch firing distance.
- Terry testified he was angry over a failed DVD player sale, claimed Hansell threatened and followed him into the apartment, and that the gun discharged during a tussle after he retrieved it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error in jury instructions | Instructions blurred justification vs. provocation. | No plain error; instructions were not erroneous. | No plain error; standard controls applied. |
| Need for Edge-style instruction on felony murder and provocation | Jury should be told felony murder cannot be found if provocation/passion applies. | Not required after controlling authority; no reversible error. | Not reversible error; no explicit Edge instruction required. |
| Recharging on justification and defense definitions | Trial court should recharge on justification when jurors seek lay terms for offenses. | Court acted within discretion; recharges limited to requested scope. | Court did not err in declining to recharge on justification. |
Key Cases Cited
- Edge v. State, 261 Ga. 865 (Ga. 1992) (requires consideration of provocation/passion before felony murder verdict)
- Russell v. State, 265 Ga. 203 (Ga. 1995) (precludes felony-murder instruction when provocation/passion exists)
- DeLeon v. State, 289 Ga. 782 (Ga. 2011) (distinguishes confusion in justification/voluntary manslaughter charges)
- Kelly v. State, 290 Ga. 29 (Ga. 2011) (plain-error standard requires four-prong showing)
- White v. State, 291 Ga. 7 (Ga. 2012) (plain-error framework applied to jury instructions)
- Edge v. State cited additional authorities, Pending use in context (Ga. 1992) (reaffirmed need to consider provocation before felony murder verdict)