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Montgomeryv.State

CourtSupreme Court of Georgia
Docket No.S22A1302
DecidedJanuary 18, 2023
Reporter315 Ga. 467; 883 S.E.2d 351; 2023 Ga. LEXIS 9
JudgesBoggs, C. J. All the Justices concur.
Tags
CriminalMurderParty to a CrimeJury RechargeGeneral GroundsThirteenth JurorArmed Robbery Setup
Case Summary

Lakoaia Johnson used messages with Gregory Montgomery to lure Justuss Rogers to a cul-de-sac under the pretext of picking up her child so they could rob him; when Rogers stopped, Montgomery approached and fired four shots into the Camaro, killing Rogers. Johnson identified Montgomery as the shooter, another participant testified that Montgomery later admitted the shooting, and a security guard saw him fleeing with a gun; police also found his phone and a magazine near the car. During deliberations, jurors asked whether Montgomery had to pull the trigger to be guilty of felony murder or could be liable as a party to the underlying felony. The Supreme Court of Georgia held that the trial court properly recharged on parties to a crime, conspiracy, and the underlying offenses, repeated the presumption-of-innocence and burden instructions, and acted within its discretion by not repeating the full reasonable-doubt definition because the jury had not asked about that issue. The court also held that the trial judge applied the thirteenth-juror standard to the new-trial motion; appellate review was limited to legal sufficiency, which the evidence satisfied. The court affirmed; felony-murder verdicts had been vacated by law and aggravated assault merged into the remaining convictions.

Opinion

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