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Davis v. State

The trial court did not err in declining to give the defendant's requested jury instruction that self-defense is a valid justification to felony murder pursuant to Heard v. State, 261 Ga. 262 1991, as the defendant was not simply a status offender, but made an affirmative choice to engage in a dangerous and potentially violent criminal activity when he and his brother went to buy marijuana from the victim.

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Dutch Davis was convicted of felony murder predicated on a drug transaction and attempted violation of the Georgia Controlled Substance Act “VGCSA”.1 Davis’s motion for new trial was denied, and he now appeals that decision. 1. Viewed in the light most favorable to the verdict, the evidence shows that Davis and his brother, Justin, went to a vacant apartment on Camp Creek Parkway on March 30, 2006 to buy marijuana from the victim, Lafe Dalton, and another man, Alan Simpson. Simpson testified that as Dalton was weighing the marijuana, Justin pulled a gun with the intent of robbing Dalton and Simpson. An altercation ensued, and Justin Davis shot Dalton. The Davis brothers fled after the shooting. Simpson called 911, but when the police arrived, Dalton was dead. Justin was convicted of felony murder predicated on the drug transaction and attempted VGCSA. His convictions were upheld by this Court. Davis v. State , 287 Ga. 173 695 SE2d 251 2010. The evidence in this case was sufficient for the jury to conclude beyond a reasonable doubt that Davis was guilty of felony murder. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. During the charge conference, Davis requested a special jury instruction that self-defense is a valid justification to felony murder based on Heard v. State , 261 Ga. 262 3 403 SE2d 438 1991. Davis complains that the trial judge erred when it declined to give the requested instruction, but rather gave the pattern instruction, which stated in part that self-defense is inapplicable when the accused “is attempting to commit or is committing . . . a felony.” See OCGA § 16-3-21 b 2.2

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