Grellv.State
Devin Anthony Grell was convicted after a shooting at a Gwinnett County home in which Donny Edouard was killed and Brianna Morgan was wounded. The Georgia Supreme Court affirmed Grell’s felony-murder, burglary, and remaining aggravated-assault and firearm-possession convictions, but vacated one aggravated-assault conviction and two firearm-possession convictions. The Court held that the evidence supported the surviving convictions and that two shots fired at Morgan in rapid succession constituted one aggravated assault. It also upheld the exclusion of a prisoner’s proposed testimony that another man had confessed, finding the witness’s account insufficiently trustworthy under the exceptional-circumstances rule for third-party declarations against penal interest. The Court rejected Grell’s challenge to a jury instruction requiring separate and independent consideration of each count, and rejected his ineffective-assistance claims because he showed no resulting prejudice. The judgment was therefore affirmed in part and vacated in part. The vacatur corrected duplicative convictions without disturbing the life sentence for felony murder or the remaining consecutive terms.
Loading published copy…

