Wilcher v. State
291 Ga. 613
| Ga. | 2012Background
- Appellant Travis Wilcher was convicted of murder, armed robbery, and related crimes in connection with a 2007 shooting death in Augusta, Georgia.
- The prosecution presented a pretrial confession in which Wilcher admitted to shooting Mitchell during a drug dispute; Wilcher later claimed the confession was coerced and that Grissam fired the gun.
- At trial, Wilcher also admitted varying accounts—some stating only he was in the back seat when Mitchell was shot—and that he stole drugs from a motel room after the shooting.
- Ballistics and scene evidence included two .380 projectiles, a .380 casing, and a post-mortem bullet, with a cousin testifying that Wilcher had been given a .380 pistol and later returned it.
- The jury heard multiple photographs of the crime scene and a pre-autopsy set of photos used to aid medical examiner testimony.
- Wilcher challenged the jury instructions and the admissibility of certain photographs, raising Arguments on aggravated assault as a predicate and voluntary manslaughter as a potential CHARGE.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Wilcher contends insufficient evidence. | State argues substantial evidence supports guilt as principal or complicitor. | Evidence sufficient to sustain verdict. |
| Admissibility of crime scene photos | Photos were inflammatory and prejudicial. | Photos properly admitted to show extent/nature of wounds. | Photographs admissible; probative and not unduly prejudicial. |
| Admissibility of pre-autopsy photos | Pre-autopsy photos were prejudicial. | Photos helpful to medical examiner testimony. | No error in admitting pre-autopsy exterior-injury photos. |
| Jury instruction on aggravated assault for felony murder | Instruction erroneous as predicate for felony murder. | Instruction proper under current law. | No reversible error; instruction affirmed. |
| Voluntary manslaughter instruction | Provocation could support voluntary manslaughter. | No provocation evidence to support such charge. | No reversible error; no provocation evidence. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence;)
- Smith v. State, 280 Ga. 490 (Ga. 2006) (admissibility of crime-scene photos)
- Isaac v. State, 263 Ga. 872 (Ga. 1994) (photographs admissible to aid examiner testimony)
- Brown v. State, 250 Ga. 862 (Ga. 1983) (autopsy-incision photos admissible if material fact)
- Pulley v. State, 291 Ga. 330 (Ga. 2012) (provocation requirement for voluntary manslaughter)
- State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain error standard for jury instructions)