Wilson v. State
301 Ga. 689
Ga.2017Background
- Victim Jack Camp was shot and killed at Regency Club Apartments in Albany, GA on March 14, 2007; several men (including Wilson, Darrell Anderson, Christopher Ingram, Luke Sears, and Kentrell Barney) were present.
- Sears (trial witness) testified the group went to sell crack, that Ingram produced a revolver earlier, that he awoke to gunshots, saw Wilson return with a revolver, and that the group later concealed the weapon.
- Jailhouse informants and a phone call to a third party produced admissions implicating Wilson: two separate admissions that Wilson shot Camp and statements that Sears was “telling everything.”
- At arrest Wilson had $700 and 1.7 grams of marijuana in small baggies; additional marijuana was found in his home. He was indicted and convicted of malice murder, possession of a firearm during a felony, and possession of marijuana with intent to distribute; sentenced to life plus consecutive terms.
- On appeal Wilson argued (1) evidence was insufficient, (2) co‑conspirator hearsay was improperly admitted because the State failed to make a prima facie showing of conspiracy, (3) insufficient proof of intent to distribute, and (4) plain error in jury instructions about co‑conspirator statements. The Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder and related convictions | State: testimony, admissions, physical evidence and corroboration establish guilt beyond a reasonable doubt | Wilson: challenges sufficiency | Affirmed — evidence (Sears’s testimony, admissions, corroboration) sufficient under Jackson v. Virginia standard |
| Admissibility of co‑conspirator hearsay (prima facie showing) | State: admissible because prima facie conspiracy shown by conduct, presence, common design and independent testimony | Wilson: State failed to prove conspiracy absent co‑conspirator declarations | Held for State — prima facie showing met by in‑court testimony and conduct; statements properly admitted |
| Marijuana possession with intent to distribute | State: small baggies, cash, officer opinion support distribution intent | Wilson: amount not inconsistent with personal use; officer didn’t testify amount was inconsistent with personal use | Held for State — jury could infer intent to distribute from baggies, cash, officer testimony |
| Jury instruction (plain error) re: requirement to find conspiracy beyond a reasonable doubt before considering co‑conspirator statements | Wilson: trial court should have instructed jury that they must find conspiracy beyond a reasonable doubt before considering co‑conspirator out‑of‑court statements (Mangum) | State: any instructional defect did not affect outcome; sufficient independent evidence of conspiracy and multiple admissions | No plain error — even assuming error, Wilson fails third prong (no showing the instruction probably affected the outcome) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Livingston v. State, 271 Ga. 714 (prima facie showing required before admitting co‑conspirator statements)
- Hughes v. State, 297 Ga. App. 217 (intent to distribute is fact question for jury)
- Turner v. State, 275 Ga. 343 (express agreement not required to establish conspiracy)
- Gates v. State, 298 Ga. 324 (prejudice requirement for plain error in admission of co‑conspirator statements)
- State v. Kelly, 290 Ga. 29 (four‑part plain error test)
- Hoffler v. State, 292 Ga. 537 (plain‑error review requires obvious defect)
- Terry v. State, 291 Ga. 508 (plain‑error standard application)
- Mangum v. State, 274 Ga. 573 (instructional requirement regarding co‑conspirator statements)
- Anderson v. State, 299 Ga. 193 (companion appeal addressing similar arguments)
- Malcolm v. State, 263 Ga. 369 (vacatur of felony‑murder convictions by operation of law)