The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Harrisv.State

CourtSupreme Court of Georgia
Docket No.S23A0141
DecidedApril 18, 2023
Reporter316 Ga. 141; 886 S.E.2d 790; 2023 Ga. LEXIS 76
JudgesMCMILLIAN, Justice. All the Justices concur.
Tags
CriminalMurderSelf-Defense ImmunityMotion to SuppressIn-Life PhotographPretrial Immunity HearingJudgment Affirmed
Case Summary

Evins Harris shot Darius Roberts seven times in the shared home where they lived with Harris’s girlfriend and infant son; the jury acquitted Harris of malice murder and voluntary manslaughter but convicted him of felony murder and related offenses. At a pretrial immunity hearing, Harris said Roberts pointed a gun at him. The trial court rejected his account based on the physical evidence, conflicting statements, and his flight: no gun was found by Roberts, and the only gun at the scene was unloaded and hidden under a cushion. The Georgia Supreme Court held that this evidence supported denial of immunity because Harris did not prove self-defense by a preponderance. Harris also challenged a single in-life photograph of Roberts. Counsel had said “no objection”; the Court assumed without deciding that the claim was not waived, applied plain-error review, and found no likely effect on the verdict because the neutral photograph and brief testimony were benign and the evidence of guilt was strong. The Court affirmed Harris’s convictions and sentences.

Opinion

Loading published copy…

The Far Side