Summary
The Supreme Court of Georgia affirmed Dwayne Tavares Myers's convictions for felony murder and related crimes arising from a series of burglaries and the shooting death of Edward Davidson. The court held that the evidence was sufficient to support Myers's participation in a burglary, that the trial court properly instructed the jury on conspiracy, and that there was no plain error in giving a fingerprint-evidence instruction. All justices concurred.
Holdings
- The evidence was sufficient for a rational juror to find beyond a reasonable doubt that Myers participated in the burglary at 502 Rust Wood Drive.
- The trial court did not err by instructing the jury on conspiracy because the evidence authorized the instruction, even though Myers was not indicted for conspiracy.
- The trial court did not commit plain error by giving the fingerprint-evidence instruction.
Questions Presented
- Whether the evidence was sufficient to convict Myers of the burglary at 502 Rust Wood Drive.
- Whether the trial court erred by instructing the jury on conspiracy when Myers was not indicted for conspiracy.
- Whether the trial court committed plain error by giving a fingerprint-evidence instruction concerning fingerprint evidence relating to Myers's cohort rather than Myers.
Disposition
affirmed
Cases Cited (8)
- Jackson v. Virginia, 443 U.S. 307 (1979)(followed)
- Grissom v. State, 296 Ga. 406 (1), 768 S.E.2d 494 (2015)(followed)
- Holmes v. State, 272 Ga. 517 (6), 529 S.E.2d 879 (2000)(followed)
- Pyatt v. State, __ Ga. __ (4), 784 S.E.2d 759 (2016)(followed)
- McCleod v. State, 297 Ga. 99 (1), 772 S.E.2d 641 (2015)(followed)
- Hicks v. State, 295 Ga. 268 (1), 759 S.E.2d 509 (2014)(followed)
- Belsar v. State, 276 Ga. 261 (2), 577 S.E.2d 569 (2003)(followed)
- Givens v. State, 294 Ga. 264 (2), 751 S.E.2d 778 (2013)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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