Upshaw v. The State (Three Cases)

Summary

The Supreme Court of Georgia affirmed the convictions and sentences of Terrence Upshaw, Roderick Glanton, and Homer Upshaw for offenses arising from a 2021 shooting that killed two people and injured two others. The court rejected challenges concerning the sufficiency of the evidence, justification, general grounds for a new trial, admission of prior criminal offenses as evidence of gang activity, and other evidentiary rulings.

Holdings

1. The evidence was sufficient to support Glanton's and Homer's malice-murder convictions because the evidence authorized the jury to find that they intentionally fired into the victims' vehicle, killing two occupants.
2. The evidence was sufficient for the jury to reject Glanton's and Homer's justification defenses.
3. The evidence was sufficient to support Glanton's and Homer's Gang Act convictions.
4. Glanton was not entitled to relief because the trial court exercised its discretion in reviewing and denying the motion for new trial on the general grounds.
5. The trial court did not abuse its discretion by admitting the defendants' prior drug offenses as evidence of criminal gang activity under OCGA § 24-4-418.
6. Even assuming the trial court erred by excluding the deceased victims' social-media messages under the statement-against-interest exception, any error was harmless and did not establish plain error under the Confrontation Clause.
7. Even assuming the trial court erred by admitting the Scarface meme, any error was harmless.

Questions Presented

1. Whether the evidence was sufficient to support Glanton's and Homer's malice-murder convictions.
2. Whether the evidence was sufficient to support Glanton's and Homer's convictions for Gang Act violations predicated on murder, aggravated assault, drug trafficking, and criminal damage to property.
3. Whether the trial court abused its discretion by denying Glanton's motion for a new trial on the statutory general grounds.
4. Whether the trial court abused its discretion by admitting the defendants' prior drug offenses as evidence of criminal gang activity under OCGA § 24-4-418.
5. Whether the trial court erred by excluding social-media messages between two deceased victims and whether the exclusion violated the Confrontation Clause.
6. Whether the trial court abused its discretion by admitting a Scarface meme posted on social media.

Disposition

affirmed