Blake v. State

Summary

The Supreme Court of Georgia affirmed Derrick Ashley Blake’s convictions arising from the shooting death of Marion Turner, rejecting challenges to the justification and voluntary manslaughter jury instructions. The court vacated Blake’s sentence because life without parole was unavailable for the offenses committed in December 2008 and because he was improperly sentenced on two felony murder convictions involving a single victim. The case was remanded for resentencing.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Blake guilty beyond a reasonable doubt and to reject his claim of self-defense.
2. The trial court's instructions on justification were legally accurate, and Blake failed to show plain error in the court's response to the jury's question about self-defense and other charges.
3. The trial court did not err by refusing to instruct the jury on voluntary manslaughter because the evidence did not show that Blake acted from sudden, violent, and irresistible passion resulting from serious provocation.
4. Blake was not eligible for a life-without-parole sentence under the law applicable when his crimes were committed in December 2008.
5. The trial court erred by sentencing Blake on both felony-murder convictions arising from the killing of a single victim.

Questions Presented

1. Whether the trial court plainly erred by failing to expressly instruct that justification could serve as a defense to all charged crimes, including possession of a firearm by a convicted felon.
2. Whether the trial court erred by refusing to instruct the jury on voluntary manslaughter as a lesser included offense.
3. Whether the evidence was sufficient to support Blake's convictions and rejection of his self-defense claim.
4. Whether Blake was legally eligible for life imprisonment without parole under the sentencing law applicable to crimes committed in December 2008.
5. Whether the trial court erred by imposing sentences on both felony-murder convictions involving a single victim.

Disposition

vacated