Worthen v. State
304 Ga. 862
| Ga. | 2019Background
- On January 3–4, 2012, Trevis Worthen shot and killed Tanieshia Evans outside her apartment at 490 Angier Avenue; eyewitnesses identified Worthen and glass matching his SUV was found at the scene.
- Worthen was arrested months later, charged in Fulton County with malice murder, two counts of felony murder, aggravated assault, possession of a firearm by a felon (to which he pled), possession of a firearm during commission of a felony, and criminal solicitation; jury convicted on remaining counts.
- At trial Worthen admitted shooting Evans but claimed self-defense (he alleged she reached for a gun); other witnesses disputed any gun or reaching.
- At sentencing the court merged aggravated assault and purported to merge felony-murder counts into the malice murder conviction, though the felony-murder verdicts were vacated by operation of law.
- On appeal Worthen argued (1) the trial court erred in describing the felony-murder counts as merged rather than vacated and (2) the State failed to prove venue — i.e., that the fatal shooting occurred in Fulton County rather than an adjoining county.
- The Court of Appeals reviewed sufficiency of evidence and venue; it addressed and overruled Division 3 of Jones v. State (272 Ga. 900) to permit juries to draw reasonable proximity inferences about venue.
Issues
| Issue | Plaintiff's Argument (Worthen) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the trial court erred by "merging" felony-murder counts into malice murder | Trial court improperly characterized felony-murder counts as merged rather than vacated by operation of law | Any nomenclature error was harmless because Worthen was not convicted or sentenced on felony-murder counts | Error in nomenclature was true but harmless; conviction and sentence unaffected |
| Whether venue for malice murder and related firearm charge was proven in Fulton County | Proof that the apartment building at 490 Angier Ave is in Fulton County is insufficient to prove the sidewalk/street where shooting occurred was in Fulton County | Witnesses used the street address to describe the entire crime scene; jury could reasonably infer the sidewalk/street in front of the building was in Fulton County | Venue was sufficiently proved; jury could infer the crime location was within Fulton County |
| Whether juries may draw reasonable proximity inferences to establish venue (validity of Jones v. State Division 3) | Jones disallows reasonable proximity inferences and thus prevents juries from inferring venue when crime occurred near a known county location | Jurors routinely may draw reasonable inferences from circumstantial evidence, including proximity, to prove venue | Overruled Division 3 of Jones; juries may make reasonable inferences that a nearby location is in the same county absent evidence to the contrary |
| Whether overruling Jones is barred by stare decisis | Jones should govern because it is precedent | Jones was wrongly reasoned, not entrenched, and its bad reasoning and limited reliance do not justify retention | Stare decisis does not prevent overruling Jones; court formally disapproved Jones’s Division 3 and related cases |
Key Cases Cited
- Jones v. State, 272 Ga. 900 (2000) (prior holding that proximity evidence alone is insufficient to establish venue; overruled in this opinion)
- Graves v. State, 298 Ga. 551 (2016) (discussing vacatur of felony-murder counts by operation of law)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
- Lee v. State, 176 Ga. 215 (1933) (permitting reasonable proximity inferences for venue)
- Dickerson v. State, 186 Ga. 557 (1938) (adopting the approach that juries may infer venue from circumstantial proximity evidence)
- Nalls v. State, 304 Ga. 168 (2018) (stare decisis framework: age, reliance, workability, and soundness of reasoning)