X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Pinson, Justice. Malik Taylor was the driver in a drive-by shooting in which one of his passengers, Jyleel Solomon, was killed by return fire. Taylor was convicted of felony murder and other crimes in connection with the shooting.[1] At trial, he claimed that he was shot at first and fired his gun in self-defense. The jury rejected that claim, and on appeal, Taylor contends that the trial court’s jury instruction on the affirmative defense of justification could have led the jury to wrongly believe that Taylor bore the burden of proof on that defense. We reject Taylor’s argument because we reject his reading of the jury instruction. In context, it is clear the instruction correctly informed the jury about the defense of justification, including the principle that the defendant may not assert the defense if he used force during the commission of a felony. So we affirm Taylor’s convictions and sentence. 1. On the evening of November 6, 2017, Taylor was driving around Milledgeville with Jemerius Goodman, Brandon Walls, and the victim, Solomon. The foursome was armed with handguns, and Solomon had an AK-47 rifle. At the same time, a number of people, including Malik Murray and Keonna Lewis, were gathered outside a nearby home at 126 Central Avenue. As Taylor and his group approached the home, Taylor turned off his headlights and turned the corner near the house. Gunfire erupted. The first shots were fired from Taylor’s car, and Murray returned fire. Two people were hit. Lewis was hit in the lower buttock by a shot that came from the car. Solomon was shot in the head by Murray. In the back seat of the car, Walls saw that Solomon had been shot. He alerted the others. The foursome dropped off Goodman so he could get rid of their guns, and then they drove toward the hospital. On the way, they passed a gas station and food market with a police car parked outside. They pulled in to seek help from the officer. Solomon was taken to the hospital, where he later died from his injury. Taylor gave a statement to investigators, some of which was played at trial. According to Taylor, when he was driving past 126 Central Avenue, he heard shots coming from his left, although he could not recall if they were coming from inside or outside the car. Taylor said that when he heard the shots, he grabbed a pistol and started firing in the air. Taylor was charged with the felony murder of Solomon, predicated on the aggravated assaults of the group at 126 Central Avenue. At trial, he asserted self-defense. At the charge conference, Taylor’s counsel requested the jury charge for self-defense and specified that the claim of self-defense “was to the aggravated assault charge.” The trial court instructed the jury in relevant part as follows: Ladies and gentlemen, the Defendant in this case, Malik Nashiem Taylor, has raised what we call an affirmative defense and so, in the next set of instructions, these instructions will apply only to Malik Nashiem Taylor. An affirmative defense is a defense that admits the doing of the act charged[2], but seeks to justify, excuse or mitigate it. Once an affirmative defense is raised, the burden is on the State to disprove it beyond a reasonable doubt. The fact that a person’s conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed when the person’s conduct is justified under the defense of self or others and the defense of habitation. A person is justified in threatening or using force against another person when and to the extent that he reasonably believes that such threat or force is necessary to defend himself or a third person against the other['s] [im]minent use of unlawful force. A person is justified in using force that is intended or likely to cause death or great bodily harm only if that person reasonably believes that such force is necessary to prevent death or great bodily harm or injury to himself or a third person or to prevent the commission of a forcible felony. The State has the burden of proving beyond a reasonable doubt that the defendant was not justified. A person is not justified in using force if that person initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant or is attempting to commit, is committing or is fleeing after the commission of a felony. And in this case, the arguable felony has been alleged to be aggravated assault. A forcible felony is any felony that involves the use or threat of physical force or violence against any person. An aggravated assault is a felony defined as follows: A person commits the offense of aggravated assault when that person assaults another person with a deadly weapon. To constitute such assault, actual injury to the alleged victim need not be shown. It is only necessary that the evidence show beyond a reasonable doubt that the Defendant attempted to cause a violent injury or that the person attempted to cause a violent injury to the alleged victim or intentionally committed an act that placed the alleged victim in reasonable fear of immediately receiving a violent injury. Taylor did not object to this instruction during trial and did not challenge it in his motion for new trial. 2. Taylor contends that the trial court’s instruction on self- defense was error because it misled the jury about who bore the burden of proof for that affirmative defense. Because Taylor did not object to the jury instruction at trial, we review it now only for plain error. See OCGA § 17-8-58 (b); Willis v. State, 315 Ga. 19, 26 (3) (b) (880 SE2d 158) (2022). “To show plain error, an appellant must show that (1) the alleged error was not affirmatively waived, (2) it was obvious beyond reasonable dispute, and (3) it affected the appellant’s substantial rights, which ordinarily means showing that it affected the outcome of the trial.” Willis, 315 Ga. at 26 (3) (b). If those three showings are made, an appellate court may remedy the error only if it “seriously affected the fairness, integrity, or public reputation of judicial proceedings.” Id. (citation and punctuation omitted). Taylor’s argument that this instruction was misleading focuses on the following sentence: “It is only necessary that the evidence show beyond a reasonable doubt that the Defendant attempted to cause a violent injury or that the person attempted to cause a violent injury to the alleged victim or intentionally committed an act that placed the alleged victim in reasonable fear of immediately receiving a violent injury.” In Taylor’s view, that sentence, in its most natural reading, wrongly instructed the jury that it could not find that Taylor was justified in shooting at the group outside 126 Central unless it found beyond a reasonable doubt that the 126 Central group put Taylor in reasonable fear of receiving a violent injury. We think that Taylor’s reading of this sentence is strained at best and not one the jury was likely to have considered. “Jury instructions are read and considered as a whole in determining whether there is error,” Campbell-Williams v. State, 309 Ga. 585, 588 (2) (a) (847 SE2d 583) (2020) (citation omitted), and here the context in which the instruction was given leaves its meaning clear. To see why, let us walk through the instruction. The trial court first told the jury that Taylor was asserting the affirmative defense of justification. The court explained that the defense may apply if the defendant reasonably believes he must use force to defend himself. And it explained that the defense does not apply if the defendant uses force while he “is attempting to commit, is committing or is fleeing after the commission of a felony.” The next words from the trial court were: “And in this case, the arguable felony has been alleged to be aggravated assault.” By using the connective word “and” and referring to “the arguable felony,” the trial court made clear it was now proceeding to discuss the felony that could disqualify Taylor from the defense of justification. It was at that point that the court described the elements of aggravated assault with a deadly weapon, including the sentence that Taylor now objects to.[3] So, the trial court was telling the jury that Taylor could not rely on the affirmative defense of justification if it found beyond a reasonable doubt that “[Taylor] attempted to cause a violent injury to [the 126 Central group] or intentionally committed an act that placed [the 126 Central group] in reasonable fear of immediately receiving violent injury”—that is, if Taylor committed aggravated assault. Because this is easily the more natural and reasonable reading of the portion of the instruction to which Taylor objects, we reject Taylor’s alternative reading, and thus his argument that the instruction shifted the burden to prove self-defense to him.[4] So Taylor has not demonstrated that the instruction was plain error. Judgment affirmed. All the Justices concur.

 
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
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›