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