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Heywardv.State

CourtSupreme Court of Georgia
Docket No.S24A0694
DecidedAugust 13, 2024
Reporter319 Ga. 588, 905 S.E.2d 590 (2024)
JudgesPinson, J. (opinion); all Justices concur; McMillian, J., concurring.
Tags
CriminalHomicideFelony MurderVoluntary ManslaughterIneffective Assistance of CounselJury InstructionsPrejudice
Case Summary

After a turbulent marital argument, Aimee Heyward shot and killed her husband, Bruce. She testified that he chased and grabbed her as she tried to leave and that the gun fired during a struggle; their daughter testified Bruce was unarmed and standing apart when Heyward turned and shot him. The jury acquitted Heyward of malice murder but convicted her of felony murder predicated on aggravated assault. Counsel requested a voluntary-manslaughter instruction for malice murder but, at Heyward’s request, not for felony murder. The Supreme Court of Georgia affirmed, holding Heyward failed to show prejudice from counsel’s decision: the jury had already rejected voluntary manslaughter on the malice count, and the evidence of sudden, severe provocation was weak. Justice McMillian concurred, noting the verdict further supported the lack of prejudice.

Opinion

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