Ware v. State, 305 Ga. 457

On July 25, 2009 Vernon Forrest was robbed at a Chevron; Ware admitted committing the robbery but denied any further plan or intent beyond the robbery.
After the robbery Forrest chased Ware; later Charmon Sinkfield shot and killed Forrest while Forrest attempted to walk away.
Ware was indicted (2009) and tried (Aug. 8–18, 2011) separately; jury convicted Ware of felony murder predicated on armed robbery and of armed robbery; life without parole imposed for felony murder.
Ware appealed, arguing (1) the trial court should have given a proximate-causation jury instruction he requested, and (2) the court erred by replacing a juror during deliberations.
The trial court gave the statutory felony-murder instruction and the Georgia pattern charge explaining the required legal relationship between the felony and the homicide; it also excused a juror mid-deliberation because of prearranged travel and financial hardship and seated an alternate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by refusing Ware’s requested proximate-causation instruction	Ware: jury needed explicit proximate-cause language (and Skaggs-type examples) to evaluate whether Sinkfield’s independent shooting was a superseding, unforeseeable act absolving Ware of felony murder	State: the statutory felony-murder definition plus the pattern jury charge (and indictment language) adequately informed the jury of the required legal relationship/causation; separate proximate-cause charge unnecessary	Affirmed: the instructions as a whole adequately covered proximate causation; no error in declining the requested wording
Whether trial court abused discretion by replacing a juror during deliberations	Ware: excusal lacked good cause given defense offered to pay increased airfare so juror could stay; removal during deliberations improper	State: juror had prearranged travel, financial hardship, and the trial overran initial expectations; court properly exercised discretion under OCGA §15-12-172 to replace juror for good cause	Affirmed: court did not abuse broad discretion; travel plans and hardship supported replacement; no evidence juror was a minority/have been removed for dissent

Jackson v. Virginia, 443 U.S. 307 (conviction must be supported by evidence such that a rational trier of fact could find guilt beyond a reasonable doubt)
Crews v. State, 300 Ga. 104 (felony-murder sufficiency review)
Skaggs v. State, 278 Ga. 19 (discussion of causation in the sufficiency context)
Brown v. State, 297 Ga. 685 (jury instructions construed as a whole can adequately inform jury on proximate causation)
Williams v. State, 298 Ga. 208 (trial court not required to give separate proximate-cause charge when instructions and indictment convey the legal relationship)
Whiting v. State, 296 Ga. 429 (instructions and indictment sufficient to require jury to find defendant caused or was party to death during predicate felony)
Flournoy v. State, 294 Ga. 741 (same principle regarding felony murder and party-to-a-crime instruction)
Pecina v. State, 274 Ga. 416 (appellate phrasing need not be adopted verbatim in jury charges)
Butler v. State, 290 Ga. 412 (court must have "some sound basis" to remove juror; discretionary review)
Laguerre v. State, 301 Ga. 122 (consideration of reasonable expectation of discharge in jury-disruption contexts)
Cummings v. State, 280 Ga. 831 (replace juror for good cause under totality of circumstances)
Moon v. State, 288 Ga. 508 (noting removal of juror because of minority position requires special scrutiny)
Wallace v. State, 303 Ga. 34 (alternate jurors generally should not substitute for minority holdout jurors)