Thornton v. State
298 Ga. 709
Ga.2016Background
- In December 2007 Richard “Shell” Thornton III was found shot to death; his wife Patti Thornton and her co-worker/amorous partner Walter Booth were investigated and charged in connection with the killing.
- Thornton and Booth were tried jointly; the jury acquitted both of murder but convicted Thornton of conspiracy to commit murder, making false statements, and tampering with evidence, and convicted Booth only of making false statements.
- The Court of Appeals affirmed Thornton's convictions, applying Georgia precedent that follows the U.S. Supreme Court’s rejection of the inconsistent‑verdict rule.
- Thornton argued her conspiracy conviction must be reversed because her sole alleged co‑conspirator (Booth) was acquitted by the same jury.
- The Supreme Court of Georgia considered whether Milam (abolishing the inconsistent‑verdict rule in Georgia) and Powell permit a conspiracy conviction to stand despite a codefendant’s acquittal when tried together.
Issues
| Issue | Thornton's Argument | State's Argument | Held |
|---|---|---|---|
| Whether a defendant’s conspiracy conviction must be reversed when a jointly tried alleged coconspirator is acquitted by the same jury | Conspiracy conviction invalid because the identical evidence produced at a joint trial acquitted the only alleged coconspirator, so verdicts are inconsistent | Powell and Georgia precedent allow inconsistent verdicts; courts must not probe jury deliberations and sufficiency review protects defendant | Court rejected Thornton’s claim and affirmed the conviction; Milam/Powell govern and inconsistent verdicts do not mandate reversal |
Key Cases Cited
- United States v. Powell, 469 U.S. 57 (1984) (Supreme Court rejects reversal based on inconsistent jury verdicts and bars inquiry into jury deliberations)
- Milam v. State, 255 Ga. 560 (1986) (Georgia abandons the inconsistent‑verdict rule to follow Powell)
- Smith v. State, 250 Ga. 264 (1982) (earlier dictum suggesting co‑defendants tried together should not receive different conspiracy verdicts; disapproved to extent inconsistent with Milam)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence on review)