Jones v. State

9 Citing cases

  1. Nelson v. State

    896 S.E.2d 139 (Ga. Ct. App. 2023)   Cited 1 times

    While a "trial court generally has broad discretion to remove a juror for cause[,] … this discretion is narrowed once deliberations have begun[.]" Jones v. State, 314 Ga. 214, 222 (2) (b), 875 S.E.2d 737 (2022).

  2. Brown v. State

    904 S.E.2d 684 (Ga. Ct. App. 2024)

    This discretion, however, narrows "once deliberations have begun, and even more so when removing a dissenting juror from a jury that appears to be divided." Jones v. State, 314 Ga. 214, 222 (2) (b), 875 S.E.2d 737 (2022). "[B]ecause removing a dissenting juror when the jury is deadlocked risks violating a defendant’s right to a unanimous verdict, a trial judge must exercise the utmost care in determining that good cause exists before removing the juror."

  3. Henderson v. State

    317 Ga. 66 (Ga. 2023)   Cited 13 times
    Holding that evidence that connected the appellant to the murder weapon and that he admitted he was at the scene of the shootings was constitutionally sufficient to support his malice murder convictions

    See also Carter v. State , 314 Ga. 317, 319 (2) (a), 877 S.E.2d 170 (2022). "[P]roof of a shared criminal intent with the actual perpetrator is necessary to establish that one is a party to the crime," Sams v. State , 314 Ga. 306, 310 (2), 875 S.E.2d 757 (2022) (citation and punctuation omitted), and the jury may infer a shared criminal intent from the defendant's "presence, companionship, and conduct before, during, and after the offense," Jones v. State , 314 Ga. 214, 232 (3), 875 S.E.2d 737 (2022) (citation and punctuation omitted). The evidence here was sufficient to support Mason's convictions for malice murder.

  4. McCoy v. State

    315 Ga. 536 (Ga. 2023)   Cited 5 times

    Although "mere presence at the scene of a crime is not sufficient evidence to convict one of being party to a crime," a jury is entitled to infer criminal intent from a defendant's "presence, companionship, and conduct before, during, and after the offense." Jones v. State , 314 Ga. 214, 231-32 (3), 875 S.E.2d 737 (2022) (citation and punctuation omitted). Here, there was sufficient evidence for a jury to conclude that Appellant committed the crimes at issue.

  5. Willis v. State

    315 Ga. 19 (Ga. 2022)   Cited 17 times
    Holding that trial counsel's failure to file a motion to suppress on the ground that a search warrant was not supported by probable cause did not constitute deficient performance, because the affidavit showed that the appellant's co-defendant gave a statement to police admitting that he and the appellant were involved in shooting the victim; the statement was "against [the co-defendant's] penal interest and based on his personal knowledge"; and that was enough in itself to provide the magistrate with a substantial basis for concluding that probable cause existed

    And although the defendant's mere presence at the scene is not enough to convict him as a party to the crime, the jury may infer his criminal intent from his "presence, companionship, and conduct before, during, and after the offense." Jones v. State , 314 Ga. 214, 231-32 (3), 875 S.E.2d 737 (2022) (citation and punctuation omitted).

  6. Bates v. State

    896 S.E.2d 581 (Ga. 2023)   Cited 3 times
    Holding that the evidence was sufficient to support defendant’s convictions of malice murder, felony murder, armed robbery, and other related offenses where eyewitnesses identified defendant as the shooter and physical evidence supported their testimony

    To establish that a defendant is a party to a crime-the State must show "proof of a shared criminal intent with the actual perpetrator." Henderson-317 Ga. at 72 (2)-891 S.E.2d 884 (citation and punctuation omitted) (alterations accepted). That shared criminal intent may be inferred from the defendant’s "presence-companionship-and conduct before-during-and after the offense," Jones v. State-314 Ga. 214-232 (3)-875 S.E.2d 737 (2022) (citation and punctuation omitted). But the defendant’s mere presence at the crime scene-without more-is not enough to show a shared criminal intent.

  7. Hamilton v. State

    No. S23A0670 (Ga. Sep. 19, 2023)

    (Citation omitted.) Jones v. State, 314 Ga. 214, 231 (3) (875 S.E.2d 737) (2022).

  8. Basulto v. State

    316 Ga. 696 (Ga. 2023)

    Of course, this discretion is not unfettered, and must be exercised with the utmost care once jury deliberations have begun, especially when considering whether to remove a dissenting juror when the jury is deadlocked, given the need to safeguard a defendant's right to a unanimous verdict. See Jones v. State , 314 Ga. 214, 223 (2) (b), 875 S.E.2d 737 (2022). Here, Basulto requested Juror No. 26's removal before the jury was sworn in and before the State began its presentation of evidence in the case, relying on information apparently acquired only after the juror had been deemed competent and selected for service.

  9. Williams v. State

    315 Ga. 797 (Ga. 2023)   Cited 5 times

    (Citation and punctuation omitted.) Jones v. State , 314 Ga. 214, 231-232 (3), 875 S.E.2d 737 (2022). Viewed in the light most favorable to the jury's verdicts, the evidence presented at trial showed the following.