X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Demarcus Graves was convicted of malice murder and related offenses in connection with the shooting death of Samuel Landers. Graves now appeals his convictions on the grounds that the evidence was insufficient, that the trial court improperly admitted similar transaction evidence, and that he was entitled to a mistrial after the State elicited improper character evidence. Though we find no merit in Graves’ enumerations, we do find error in certain aspects of Graves’ sentences, and we must, therefore, vacate and remand for resentencing.1

Viewed in a light most favorable to the jury’s verdicts, the evidence adduced at trial established as follows. In September 2006, law enforcement responded to a 911 call reporting a shooting at the Colony Square Apartment Complex in Fulton County, Georgia; the caller reported seeing two men running from the shooting, a taller man with dreadlocks or braids, and a shorter man who wore his hair in twists. At the scene, law enforcement officers discovered Landers in the driver’s seat of his well-maintained Chevrolet El Camino, dead from multiple gunshot wounds. In February 2007, Landers’ family offered a $5,000 reward in an effort to help solve the murder. Shortly thereafter, Jabarie Glover came forward and met with investigators. According to Glover, Graves and a second man, Jasper Adams, had admitted to him that they decided to rob Landers after he arrived at the apartment complex to buy marijuana. Glover reported that Adams got into the passenger side of Landers’ vehicle with a gun, that Adams and Landers wrestled for the gun, and that Graves, upon seeing the struggle, walked over to the vehicle, grabbed the gun from the men and shot Landers. In February 2008, federal inmate Autrey Love reported to investigators that Graves had made incriminating statements to him while both men were in federal custody in Atlanta. According to Love, Graves admitted that, while selling drugs at the Colony Square apartments, he and Adams decided to rob the victim of his El Camino. According to Love, Graves reported that Adams entered the passenger side of Landers’ vehicle with a gun, the two men struggled for the weapon, Graves grabbed the gun through the open driver-side window during the struggle, and Graves dumped the gun into Landers.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›