McCORD v. THE STATE

Supreme Court of Georgia1997-10-14No. S97A1479

268 Ga. 499491 S.E.2d 360

Summary · law.co

Holding. The court affirmed McCord's convictions and sentences, finding the evidence at trial sufficient to support guilty verdicts on all three counts and holding that evidence of a prior aggravated assault was properly admitted as probative of McCord's propensity to use weapons to escalate confrontations.

Isiah McCord was indicted alongside two co-defendants for the murder of Dwayne Palmer, aggravated assault against Thomas Mims, and illegal firearm possession. A jury convicted McCord on all charges after evidence showed he pointed a gun at Mims and shot Palmer during a confrontation, after which his co-defendant also shot Palmer. McCord argued the evidence was insufficient to support his conviction, but the court found the record contained sufficient evidence for a rational jury to conclude guilt beyond a reasonable doubt on all three counts.

McCord also challenged the admission of evidence regarding a prior aggravated assault he had committed. Although the prior incident was not identical to the crimes at trial, the court found it sufficiently similar because both involved McCord initiating a confrontation and then using a weapon to escalate the situation. The court determined this evidence was therefore admissible to demonstrate McCord's pattern of using firearms to intensify altercations he had started, and the trial court properly allowed the jury to consider it.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Sufficiency of evidence to support murder, aggravated assault, and firearm possession convictions
Admissibility of prior aggravated assault evidence to show propensity for weapon use in escalating confrontations

Procedural posture

McCord appealed his jury convictions and sentences imposed after a separate trial from his two co-defendants.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Carley, Justice.

The grand jury indicted Isiah McCord, along with James Lyons and Kevin Prince, for three crimes: the malice murder of Dwayne Palmer; commission of an aggravated assault against Thomas Mims; and possession of a firearm during the commission of a crime. Lyons and Prince were tried together. The jury found them guilty and, in prior appeals, this Court affirmed their convictions and sentences. Lyons v. State, 265 Ga. 407 (456 SE2d 585) (1995); Prince v. State, 264 Ga. 867 (452 SE2d 497) (1995). At McCord’s separate trial, the jury found him guilty and he appeals from the judgments of conviction and sentences entered by the trial court on the guilty verdicts.

1. The evidence, when construed most strongly against McCord, shows the following: Prince and Palmer had a prior altercation. Prince, while accompanied by McCord, Lyons and a fourth accomplice, began searching for Palmer and found him at a convenience store. McCord pointed his gun at Mims, who was waiting for Palmer outside the store, and threatened to shoot him. When Palmer left the store, a struggle ensued. McCord shot Palmer, who fell to the ground. Prince then shot Palmer twice in the head. This evidence is sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt of McCord’s guilt of the malice murder of Palmer, the aggravated assault against Mims and the firearm possession offense. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Lyons v. State, supra; Prince v. State, supra.

Decided October 14, 1997.

Richard O. Ward, for appellant.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Thurhert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Angelica M. Woo, Assistant Attorney General, for appellee.

2. Evidence of McCord’s commission of a previous aggravated assault was admitted over his objection to the lack of sufficient similarity between that crime and those for which he was being tried. The prior aggravated assault was not identical. It was, however, similar in that McCord was shown to have instigated an altercation and then shot at his victim. Thus, proof of McCord’s commission of that prior aggravated assault was relevant to show his propensity for using weapons to escalate a confrontation which he had precipitated. Farley v. State, 265 Ga. 622 (2) (458 SE2d 643) (1995); Edwards v. State, 261 Ga. 509 (1, 2) (406 SE2d 79) (1991); Sport v. State, 253 Ga. 689 (1) (324 SE2d 184) (1985). The evidence was, therefore, properly admitted over McCord’s objection.

Judgments affirmed.

All the Justices concur.

The crimes occurred on August 9,1991 and the grand jury returned the indictment on January 22, 1992. The jury found McCord guilty on August 16, 1994. On August 30, 1994, the trial court entered its judgments of conviction and sentenced McCord to life for the malice murder, a twenty-year term for the aggravated assault and a five-year term for the firearm possession offense. Also on August 30,1994, McCord filed his motion for new trial. The trial court denied the motion for new trial on April 25, 1997. On May 15, 1997, McCord filed his notice of appeal and the case was docketed in this Court on June 6,1997. The appeal was submitted for decision on July 28, 1997.