White v. State
312 Ga. App. 421
Ga. Ct. App.2011Background
- Kelvin White, Jr. was convicted by jury of voluntary manslaughter, two counts of aggravated assault, two counts of possessing a firearm during the commission of a crime, one count of carrying a concealed weapon, and one count of possession of a firearm by a convicted felon.
- The alleged crimes arose from a confrontation on April 30, 2008 at a Clayton County residence belonging to White's girlfriend's mother.
- During the encounter, Terrell Favors and Tybias Favors were shot; Terrell was unarmed according to the defense.
- White claimed self-defense, alleging Terrell threatened him and that Tybias was threatening and creeping behind him; no firearms were found at the scene.
- White moved for a new trial; the trial court denied, and White appealed challenging sufficiency of evidence, a knowledge instruction, and ineffective assistance claims.
- The Georgia Court of Appeals affirmed, addressing each challenged issue and finding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to sustain convictions? | White | State | Evidence sufficient to sustain convictions |
| Was venue properly established for the Clayton County offenses? | White | State | Venue properly established; argument without merit |
| Was White entitled to a new-trial on weight of the evidence due to self-defense claim? | White | State | No reversible error; provocation supported conviction; self-defense rejected |
| Did the trial court err in omitting a knowledge instruction? | White | State | Waived; in any event, instruction unnecessary; no error |
| Was trial counsel ineffective in various respects? | White | State | No ineffective-assistance reversible error; evidentiary and procedural claims rejected |
Key Cases Cited
- Fogerty v. State, 304 Ga.App. 546 (2010) (standard of review for sufficiency on appeal)
- Rutland v. State, 296 Ga.App. 471 (2009) (new-trial on weight of evidence standard)
- Richards v. State, 288 Ga.App. 814 (2007) (self-defense sufficiency guidance)
- Williams v. State, 245 Ga.App. 670 (2000) (jury credibility and justification determining self-defense)
- Copeland v. State, 263 Ga.App. 776 (2003) (when a requested knowledge charge is unnecessary given total instruction)