Caldwell v. Georgia
Annotate this CaseJavion Caldwell was charged with: felony murder predicated on aggravated assault (Count 1), felony murder predicated on possession of marijuana with intent to distribute (Count 2), aggravated assault (Count 3), and possession of marijuana with intent to distribute (Count 4). These charges arose in connection with the shooting death of Jaleen Harrell during a drug deal. Caldwell was found guilty of Counts 2 and 4 and not guilty of Counts 1 and 3. On appeal, Caldwell argued the trial court failed to charge the jury that it had to find that he shot Harrell with a handgun in order to find him guilty on Count 2. Caldwell alternatively argued that the jury’s verdicts on Counts 1, 2, and 3 were repugnant, because the jury’s verdicts on Counts 1 and 3 reflected a finding that he did not shoot Harrell, even as a party to the crime, which Caldwell argued also meant that it had to acquit him on Count 2. Finding no reversible error, the Georgia Supreme Court affirmed.
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