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Adkinsv.State

CourtSupreme Court of Georgia
Docket No.S22A0796
DecidedAugust 23, 2022
Reporter314 Ga. 477; 877 S.E.2d 582; 2022 Ga. LEXIS 225
JudgesAll the Justices concur.
Tags
CriminalMurderCircumstantial EvidenceAlternative HypothesisJury InstructionsGrave Suspicion Charge
Case Summary

Marion Adkins, Jr. was convicted of malice murder and related offenses for the shooting death of Latisha Gresham, whose body was found in the hallway outside Adkins’s bedroom. Shortly before the estimated time of death, Gresham told a visitor she feared Adkins, then went back inside with him; around 2 a.m., she told a relative by phone that she was in a closet and Adkins was coming toward her. Adkins argued that the circumstantial evidence did not exclude an unknown intruder or suicide and that the jury should have received a “grave suspicion” instruction. The Supreme Court of Georgia held that the jury could reject both alternative hypotheses: the medical examiner concluded the death was a homicide and suicide was unlikely, while the evidence placed Gresham alone with Adkins shortly before her death and Adkins in the nearby bedroom when her body was discovered. The court also found no error in omitting the requested instruction because the charge as a whole covered reasonable doubt, presumption of innocence, and mere presence; it cautioned that a blanket policy against giving the charge would conflict with tailoring instructions to the evidence. The court affirmed the judgment.

Opinion

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