Walker v. State
292 Ga. 262
| Ga. | 2013Background
- Walker was convicted of malice murder and possession of a firearm during the commission of a felony.
- Prosecution evidence included witness identifications and an insurance investigator who linked Walker to a white Ford F150 tied to the shooting.
- The shooting occurred at a barbershop, the victim died after multiple surgeries, and witnesses disputed whether the victim possessed a gun.
- The trial court later denied a amended motion for new trial based on general grounds using the Jackson v. Virginia sufficiency standard.
- Appellate counsel filed amended motions for new trial on multiple dates; hearings occurred in 2010–2011.
- This Court remands to the trial court to consider the amended motion for new trial under OCGA §§ 5-5-20 and 5-5-21 proper standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Walker argues evidence was insufficient to sustain malice murder and firearm conviction. | Walker contends the State failed to prove beyond a reasonable doubt. | Evidence was sufficient to support the verdict. |
| Correct standard of review for amended motion for new trial | Walker contends the trial court applied the Jackson standard instead of OCGA 5-5-20/5-5-21. | Walker relies on the same assertion; the State's position mirrors standard use. | Trial court applied incorrect standard; must apply 5-5-20/5-5-21. |
| Remand for proper review | Remand unnecessary if proper standard applied. | Remand needed to correct the discretionary analysis. | Case remanded to the trial court to consider the amended motion under the proper standard. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard for evidence)
- Mills v. State, 188 Ga. 616 (Ga. 1939) (trial court as thirteenth juror for general grounds)
- Hartley v. State, 299 Ga. App. 534 (Ga. App. 2009) (discretionary weighing on new-trial motions)
- Rutland v. State, 296 Ga. App. 471 (Ga. App. 2009) (weighing evidence on new-trial motions; discretion)
- Manuel v. State, 289 Ga. 383 (Ga. 2011) (Jackson standard not applicable to general grounds; requires discretion)
- Alvelo v. State, 288 Ga. 437 (Ga. 2011) (remand when trial court misapplies standard)
- Moore v. Stewart, 315 Ga. App. 388 (Ga. App. 2012) (procedural review of amended motions for new trial)
- Hargrave v. State, 311 Ga. App. 852 (Ga. App. 2011) (discretion in weighing evidence on new-trial grounds)