Wilson v. State
302 Ga. 106
Ga.2017Background
- In October 2012 Charles Rodney Wilson (a convicted felon) shot and killed Jesse Howard after pursuing him over a prior theft of marijuana; witnesses placed Wilson at the scene with a handgun and testified he struck Howard and the gun discharged, killing Howard.
- Crime-scene and medical evidence showed a close-range gunshot to the head with stippling and a trajectory inconsistent with a ricochet; investigators found no weapon on the victim.
- Wilson testified he intended only to hit Howard and believed Howard was armed; he later disposed of the gun and turned himself in.
- A Clarke County jury convicted Wilson of malice murder (Count 1), two felony-murder alternatives (Counts 2–3), aggravated assault (merged), felon-in-possession (Count 5), and four counts of possession of a firearm during the commission of a crime (Counts 6–9); he received life imprisonment plus firearm-related terms.
- Wilson filed motions for new trial and appeals; the Supreme Court of Georgia affirmed convictions, rejected multiple trial-error claims, but found sentencing errors and vacated duplicate murder sentences and merger treatment, remanding for resentencing.
Issues
| Issue | Wilson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence insufficient to prove murder beyond reasonable doubt; Wilson acted accidentally | Witness testimony and forensic evidence support intentional shooting or culpable conduct | Evidence sufficient; conviction affirmed under Jackson v. Virginia standard |
| New-trial (general grounds) | Trial court failed to exercise/record thirteenth-juror review; successor judge wrongly decided motion | Trial court properly considered general grounds; successor judge authorized by statute | Denial of new trial upheld; presumption court exercised discretion; appellate court will not reweigh general grounds |
| Exclusion of victim's prior drug convictions | Evidence of Howard’s drug convictions relevant to show he was likely armed (self-defense) | Character evidence inadmissible here; no factual nexus and specific-act evidence improper | Exclusion proper: drug involvement not a pertinent trait showing propensity to be armed; only reputation/opinion permitted when character is at issue |
| Bifurcation of felon-in-possession and felony-murder counts | Wilson sought separate trials for felon-in-possession and felony murder premised on it | Counts are properly tried together where felon-in-possession is predicate | Denial proper; predicate felon-in-possession may be tried with felony-murder count |
| Sentencing duplication/merger | Trial court imposed life on all murder counts and merged Count 5 into a vacated felony-murder count | Only one life sentence allowed for a single victim; felony-murder counts vacated by operation of law; Count 5 not properly merged | Court vacated life sentences on alternative felony-murder counts, ordered Count 5 to be resentenced (remand for resentencing) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Vega v. State, 285 Ga. 32 (jury decides witness credibility)
- White v. State, 293 Ga. 523 (trial court’s thirteenth-juror role described)
- Murdock v. State, 299 Ga. 177 (presumption trial court exercised new-trial discretion)
- Butts v. State, 297 Ga. 766 (general grounds denial presumed proper when referenced)
- Moore v. State, 295 Ga. 709 (victim’s drug involvement not nexus to self-defense)
- Ballard v. State, 297 Ga. 248 (bifurcation properly denied where felon-in-possession is predicate)
- Malcolm v. State, 263 Ga. 369 (only one murder sentence for one victim)
- Hulett v. State, 296 Ga. 49 (vacatur of alternative felony-murder sentences; effect on predicate counts)