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Floydv.State

CourtSupreme Court of Georgia
Docket No.S23A1042
DecidedFebruary 20, 2024
Reporter318 Ga. 312; 898 S.E.2d 431; 2024 Ga. LEXIS 40; 2024 LX 73667
JudgesBoggs, C. J.; all Justices concur. LaGrua, J., concurring; Colvin, J., joins.
Tags
CriminalFelony MurderSelf-DefenseFelon in PossessionIneffective Assistance of CounselJustificationRetrial Permitted
Case Summary

After Darnell Floyd shot Telmo Ortiz during a dispute over a stolen phone, Floyd claimed self-defense. The jury acquitted him of malice murder and assault-based charges but convicted him of felony murder predicated on his possession of a firearm as a convicted felon. Georgia law makes self-defense an absolute defense to felon-in-possession. Floyd’s lawyer, unaware of that statute, failed to request an instruction and told the jury self-defense did not apply to firearm possession. When jurors asked whether a convicted felon could use a gun in self-defense, the court’s response did not resolve their confusion, and counsel agreed to it. The Supreme Court held counsel performed deficiently and prejudiced Floyd because the jury was not told it had to acquit on the felony-murder theory if it believed he acted in self-defense. The Court reversed the felony-murder, felon-in-possession, and related firearm-during-a-felony convictions; because the evidence was sufficient, the State may retry those offenses. Justice LaGrua concurred, questioning the statute’s reach in this situation while recognizing that the Court had to apply it.

Opinion

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