Hicksv.State
Latilia Hicks was tried with three codefendants after Maynon Freeman was shot during an effort to recover vehicle rims. The evidence showed Hicks helped isolate Freeman’s brother, carried an AK-47 in her car after it was moved from a codefendant’s vehicle, and helped the group flee after the shooting. A jury convicted her of felony murder, armed robbery, hijacking, aggravated assault, and related conspiracy offenses. The Supreme Court of Georgia affirmed. It held that the State did not have to prove Hicks knew in advance that a conspirator would use a firearm: under Georgia conspiracy law, acts done in furtherance of a common criminal plan are attributable to each conspirator when the resulting crime is a natural and probable consequence. The Court also held that Hicks invited any error by agreeing that the trial court should not answer the jury’s question about weapon knowledge, and it rejected her ineffective-assistance and severance claims. The Court distinguished the federal firearm-aiding-and-abetting rule announced in Rosemond because it did not control Georgia conspiracy liability. Justices Benham and Hunstein dissented, concluding that counsel should have sought a recharge and presented a theft-based lesser defense.
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