Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Roper v. State

The defendant shot the victim three times, killing him, and the jury was entitled to disbelieve the defendant's account of the shooting, in which he claimed self-defense.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Joseph Roper was tried before a jury on a felony murder count, which alleged that he was a convicted felon and that he had killed Donald Smith while possessing a firearm in violation of OCGA § 16-11-131. He did not deny firing the fatal shots, but he claimed justification as his sole defense. However, the jury returned a guilty verdict, and the trial court imposed a life sentence. Thereafter, new appellate counsel filed a motion for new trial which raised, among other grounds, the ineffectiveness of trial counsel. The trial court denied the motion for new trial, and Roper appeals. 1. Roper enumerates the general grounds. At the outset of the trial, he stipulated to his status as a convicted felon. Accordingly, the question is whether the evidence, when construed most strongly in support of the jury’s guilty verdict, is sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that he killed Smith while in possession of a firearm.

The State’s evidence showed that Smith had accosted one man behind a market and was in the process of robbing a friend of Roper’s when Roper drove into the parking lot. After being informed of these events, Roper retrieved a gun from under the driver’s seat, walked to the corner of the building and peeked around. He did not confront Smith, but returned to his car and left the door open. Eventually, Smith came around the corner of the store. He had a gun in his hand, but was not pointing it at anyone. Roper jumped from his vehicle and shouted at Smith to “Pull it.” An eyewitness testified that, “after he said that, he shot Smith three times.” Smith never aimed his gun at Roper.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
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
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
(NEW) LITIGATION ASSOCIATE WANTED FOR GROWING PLAINTIFFS FIRM (Atlanta, GA)

Our client, a boutique plaintiffs firm is seeking to hire a junior to mid-level litigation associate to join its growing team. Hired associ...


Apply Now ›
Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...


Apply Now ›
(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...


Apply Now ›
Go to Lawjobs