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Thornton v. State
292 Ga. 87
| Ga. | 2012
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Background

  • Thornton planned to rob Joshua Scott because Scott was his drug supplier with money and drugs at home.
  • Thornton enlisted four co-indictees and drove two to Scott’s neighborhood; another car followed and Thornton remained in his car to avoid recognition.
  • Scott’s door was kicked in; intruders announced police; Scott fired; an intruder was shot.
  • Two intruders returned fire, fatally shooting Scott; Thornton’s accomplice fled and Thornton drove them to the hospital.
  • Thornton was indicted for murder, three counts of felony murder, aggravated assault, attempted armed robbery, burglary, firearm during crime, and conspiracy.
  • Jury found Thornton guilty on multiple counts; sentences were imposed, with some counts merged or dead docketed; new trial motion denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence as party to a crime Thornton was present near the scene and aided planning. Thornton did not participate beyond presence. Evidence supported party-to-crime conviction.
Admission of prior drug activities Prior drug use and dealing showed motive to rob. Evidence was improper character in issue. Admission to show motive proper; not inadmissible.
Ineffective assistance—Edge sequential charge Charge was improper and prejudicial. Charge was reasonable strategically and properly limited. No ineffective assistance; charge reasonable under circumstances.

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for criminal convictions)
  • Curinton v. State, 283 Ga. 226 (Ga. 2008) (presence and conduct can infer participation)
  • Brady v. State, 270 Ga. 574 (Ga. 1999) (motive evidence admissible to prove crimes)
  • Johnson v. State, 260 Ga. 457 (Ga. 1990) (relevance of motive and evidence)
  • Edge v. State, 261 Ga. 865 (Ga. 1992) (rule governing lesser-included offenses and charges)
  • Morgan v. State, 290 Ga. 788 (Ga. 2012) (Edge charge timing and permissibility)
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Case Details

Case Name: Thornton v. State
Court Name: Supreme Court of Georgia
Date Published: Nov 19, 2012
Citation: 292 Ga. 87
Docket Number: S12A1776
Court Abbreviation: Ga.