Wallace v. State
294 Ga. 257
| Ga. | 2013Background
- On July 4–5, 2003, Wallace was beaten at a club, later retrieved a gun, chased Willie Merritt and shot him multiple times; Merritt died. Co-defendant Ransom testified Wallace shot Merritt after pleading guilty to an unrelated assault and cooperating. Forensic evidence showed one gun was fired.
- Wallace was indicted for malice murder, two counts of felony murder (based on aggravated assault and on possession of a firearm by a convicted felon), aggravated assault, and a weapons count; jury acquitted on malice murder but convicted on the remaining counts.
- Trial court sentenced Wallace to life for felony murder (aggravated assault) and a consecutive 5-year term for the firearm count; the aggravated-assault-based felony murder conviction was later vacated by the trial court on new-trial review, leaving the possession-based felony murder conviction.
- On appeal Wallace argued (1) the jury charge prevented consideration of voluntary manslaughter for the felony murder counts (relying on Edge v. State), and (2) trial counsel was ineffective for failing to impeach Ransom with prior convictions and for not requesting a limiting instruction regarding Wallace’s prior felony.
- The Supreme Court of Georgia held the Edge argument moot as to the vacated aggravated-assault-based felony murder conviction and declined to extend Edge to felony murder predicated on possession by a convicted felon (following Lawson and Sims). The Court rejected the ineffective-assistance claims for failure to show deficient performance or prejudice under Strickland.
Issues
| Issue | Wallace's Argument | State's Argument | Held |
|---|---|---|---|
| Whether jury charge denied consideration of voluntary manslaughter on felony murder counts (Edge rule) | Trial court failed to instruct that provocation reducing assault to voluntary manslaughter bars felony murder | Edge applies only where underlying felony is integral to the killing; not to possession-by-felon counts | Conviction based on aggravated-assault felony was vacated (moot); for possession-based felony murder Edge does not apply — no reversible error |
| Whether Edge should apply to felony murder predicated on possession of firearm by a convicted felon | Edge should apply when possession is "integral" to the killing (e.g., felon seizes gun in heat of passion) | Precedent bars application of Edge to possession-by-felon felony murder (Lawson, Sims) | Court follows Lawson/Sims; declines to extend Edge to possession-based felony murder |
| Whether trial counsel was ineffective for failing to impeach Ransom with prior convictions | Counsel should have impeached Ransom with certified conviction records to undermine credibility | No certified copies or witness admissions were presented at motion hearing; defendant failed to prove counsel’s deficiency or prejudice | Ineffective-assistance claim denied — defendant failed to produce certified convictions and show prejudice |
| Whether counsel was ineffective for not requesting a limiting instruction on Wallace’s prior felony | Counsel should have limited jury use of prior conviction to felon status | The prior felony was relevant to the possession-based felony murder charge; State did not elicit inflammatory details; evidence against Wallace was strong | No prejudice shown; claim denied |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Edge v. State, 261 Ga. 865 (provocation can bar felony murder when underlying assault is integral to killing)
- Lawson v. State, 280 Ga. 881 (Edge inapplicable to possession-by-felon felony murder)
- Sims v. State, 265 Ga. 35 (same)
- Grimes v. State, 293 Ga. 559 (Edge not applied where underlying felony independent of killing)
- Fuller v. State, 278 Ga. 812 (rule on impeaching witnesses with certified convictions)
- Burgess v. State, 278 Ga. 314 (relevance of prior conviction to felon-status element)
- Elvie v. State, 289 Ga. 779 (jury instruction that voluntary manslaughter can mitigate malice or felony murder)
- Chase v. State, 277 Ga. 636 (importance of accurate jury instructions)