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Griffinv.State

CourtSupreme Court of Georgia
Docket No.S13A0967
DecidedNovember 25, 2013
Reporter294 Ga. 325; 751 S.E.2d 773; 2013 Fulton County D. Rep. 3924; 2013 Ga. LEXIS 1016
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemSufficiency of the EvidenceJury InstructionsReversalTales From the Crypt
Case Summary

Tommy Tyrone Griffin was convicted of felony murder and conspiracy to traffic in cocaine after a drug transaction at a Gwinnett County apartment ended in a shootout that killed one participant. Griffin arrived with two men and $4,000; police later found 248.56 grams of cocaine and drug-distribution equipment in the apartment. Griffin told police he went there to buy marijuana, but the State argued that the circumstances proved a conspiracy to possess trafficking-level cocaine. The Georgia Supreme Court reversed. It held that the evidence showed, at most, a possible buyer-seller agreement between Griffin and the people operating the apartment, and Georgia law does not treat that agreement alone as a conspiracy. The State also failed to prove the conspiracy alleged in the indictment because it presented no evidence that Griffin or his companions had an agreement with the stash-house operators. Because felony murder rested on that conspiracy, both convictions had to be reversed. The Court rejected Griffin’s jury-instruction challenge as moot. Justice Melton, joined by Presiding Justice Hines and Justice Benham, dissented, reasoning that the jury could infer a broader conspiracy from Griffin’s conduct, the drugs, and the circumstances of the transaction.

Opinion

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