White v. State
291 Ga. 7
Ga.2012Background
- Darryl White was convicted of felony murder (underlying aggravated assault) and possession of a knife during the commission of a felony in Fulton County, after a February 2009 trial.
- An eyewitness identified White as the man who stabbed the victim in the chest, concealed a knife, and walked away; the knife was later recovered.
- The victim survived initial treatment but died two months later from a blood clot caused by immobilization after the stabbing.
- White testified he acted in justification, claiming the victim and others surrounded him, blew smoke in his face, and caused him to inhale smoke, allegedly provoking the attack.
- The defense argued no duty to retreat should have been charged; the court declined to give a no-duty-to-retreat instruction and this was raised on appeal for plain-error review.
- The jury found White guilty of felony murder, aggravated assault, and possession of a knife, and returned no verdict on voluntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient for felony murder? | White argues insufficient evidence for felony murder beyond reasonable doubt. | State contends eyewitness testimony and the underlying aggravated assault support felony murder. | Evidence sufficient; rational juror could find felony murder beyond reasonable doubt. |
| Whether no-duty-to-retreat instruction should have been given | White requested no-duty-to-retreat instruction. | No-duty-to-retreat instruction was not required given the defense theory and trial posture. | Plain-error review applied; no reversible error; first Kelly prong not satisfied; instruction not required. |
| Whether it was error to accept a felony murder verdict without a voluntary manslaughter verdict | White asserts improper verdict form/segregation of manslaughter consideration. | Trial properly instructed; jurors considered voluntary manslaughter before felony murder per Edge framework. | No error; jury properly instructed and verdicts consistent with law. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard for criminal evidence)
- Green v. State, 266 Ga. 758 (Ga. 1996) (establishes felony murder framework with underlying felony)
- Carruth v. State, 290 Ga. 342 (Ga. 2012) (preservation of error for jury instructions; plain-error review framework)
- Kelly v. State, 290 Ga. 29 (Ga. 2011) (plain-error standard and preservation requirements for jury charges)
- Edge v. State, 261 Ga. 865 (Ga. 1992) (requirement to instruct on mitigating passion before verdicts; no mandatory separate verdict)
- Hayes v. State, 279 Ga. 642 (Ga. 2005) (malice murder and voluntary manslaughter interplay; instructions on mitigation)
- Herring v. State, 277 Ga. 317 (Ga. 2003) (presumption jurors follow trial court instructions absent evidence to the contrary)
- Johnson v. State, 253 Ga. 37 (Ga. 1984) (retreat principles and self-defense considerations)
- Ward v. State, 254 Ga. 610 (Ga. 1985) (retreat and self-defense jurisprudence in Georgia)