NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.
In the Supreme Court of Georgia
Decided: May 28, 2025
S25A0244. PORTER v. THE STATE.
ELLINGTON, Justice.
James Porter appeals his conviction for malice murder in
connection with the stabbing death of Deborah Miles.1 On appeal,
Porter contends that the evidence was constitutionally insufficient
to support his conviction and that the trial court erred in failing to
give his requested charge that the State had to prove his identity as
the perpetrator of the crime beyond a reasonable doubt. Because the
evidence was sufficient as a matter of constitutional due process and
because the trial court did not err in declining to give Porter’s
1 The crime occurred on October 8, 2017. On November 6, 2017, a Bulloch
County grand jury indicted Porter for malice murder. At a trial from April 9 to
April 10, 2019, a jury found Porter guilty. On April 23, 2019, the trial court
sentenced Porter to serve life in prison without the possibility of parole. On
May 6, 2019, Porter filed a motion for new trial, which he amended with new
counsel on October 16, 2023. The trial court denied the motion for new trial, as
amended, on June 18, 2024. Porter filed a timely notice of appeal, and the case
was docketed in this Court to the term beginning in December 2024 and
submitted for a decision on the briefs.
requested charge, we affirm.
1. Viewed in the light most favorable to the jury’s verdict, the
evidence presented at trial showed the following. At the time of the
crimes, Miles lived in an apartment at 102 South Mulberry Street
in Statesboro, Georgia, and was dating Porter. The two had a
troubled relationship because of Porter’s alcohol abuse. Miles
complained to her work supervisor, Della Ward, about her
relationship with Porter, saying that she (Miles) was having
financial trouble but that Porter “didn’t want to do anything but . . .
drink and spend his money, and not give her any money to help with
the bills.” And Porter’s sister testified that, on Friday, October 6,
2017, Porter called around 6:50 p.m. and asked her to come pick him
up from Miles’s apartment because he and Miles “w[ere] arguing”
“[b]ecause of his drinking.” Porter’s sister could not pick him up
because she was taking care of her children. In addition, on the
morning of October 7, a law enforcement officer found Porter “passed
out,” smelling of alcohol, at the backdoor of Miles’s apartment.
Porter told the officer that he “had passed out there after being
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kicked out.”
Forensic evidence also highlighted the troubled nature of Miles
and Porter’s relationship. In the days leading up to the October 8
murder, Porter and Miles frequently texted each other. At 6:15 p.m.
on Friday, October 6, Porter texted Miles, saying “U hate me.” Miles
responded that Porter was “full of sh*t.” Later that night, Porter
texted Miles that she didn’t love him, and at 7:41 a.m. on Saturday,
October 7, Miles responded that Porter “love[d] alcohol.” Porter
replied, “I lve u.” Shortly after 1:00 p.m. on Saturday, Porter texted
Miles requesting that she “come home” and call him as soon as
possible. Then, at 7:41 p.m. on Saturday, Porter texted Miles that
he loved her “so much” that “[his] head is f**k up.” Miles responded
that he would “get over it.” About a minute later, Porter texted
Miles that he could not because she was “[his] soul,” and Miles
replied that alcohol was “[his] soul mate not [her].” At 8:06 p.m. and
8:26 p.m., Porter asked Miles if he could “come 2 [her].” At 8:27 p.m.,
Miles replied, “No go home. Turning my phone off.” Porter, however,
persisted with his text messages. At 9:24 p.m. on Saturday, he asked
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Miles to call him, and at 3:09 a.m. on Sunday, October 8, he texted
Miles that he missed her.
On Sunday, October 8, Miles was scheduled to be at work at
6:00 a.m. to relieve her co-worker, Jahzmere Kicklighter, who had
worked a shift from 6:00 p.m. Saturday to 6:00 a.m. Sunday.
Kicklighter received a text from Miles’s phone at 6:34 a.m. Sunday
that said, “hi.” Kicklighter texted her back but did not get a
response. As of 9:00 a.m., Miles had not arrived for work. Kicklighter
called Ward, her supervisor, to see if Ward had heard from Miles.
Ward had not, and Ward and Kicklighter both called Miles several
times but could not get in touch with her. Kicklighter texted Miles
at 9:07 a.m., asking her if she was coming to work, and at 9:09 a.m.,
Miles responded, “I can’t make it.” Miles called Ward back and, in
what Ward described as a “vague sound,” said, “Ms. Della, help.”
Ward said, “hello, hello,” but Miles did not answer. Ward did not
specify what time this call occurred.
Because Kicklighter was concerned by Miles’s failure to come
to work and answer her phone calls, she drove to Miles’s apartment
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around 10:30 a.m. and knocked on the door. Miles did not answer
even though her car was there. Kicklighter went back around 11:00
a.m. and, again, did not get an answer from Miles. Finally, around
5:30 p.m., Kicklighter called the Statesboro Police Department and
asked them to do a wellness check. Two law enforcement officers
arrived at Miles’s apartment at 5:55 p.m., , and after the landlord
brought a key, they entered her residence around 6:21 p.m.
When officers opened the door to Miles’s apartment, they saw
a large pool of blood “just inside the doorway.” They then went to a
bedroom and found Miles dead, “laying on the floor face up.” She
died from multiple stab wounds to her chest and back. Three of the
stab wounds, two to the chest and one to the back, caused bleeding
into Miles’s left and right pleural cavities and into the pericardial
sac that surrounds the heart, and one hit the aorta. The medical
examiner testified that it would have taken “less than an hour,
maybe less than half an hour” for the pleural cavities to fill with
blood.
On Sunday morning, October 8, Porter called his work
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supervisor, Alexander Ray, three times. Cell phone records show
that those calls were made at 8:36 a.m., 9:37 a.m., and 9:45 a.m.
Shortly after the last phone call, Porter arrived at Ray’s apartment
in Statesboro, When Porter came into Ray’s apartment, he was
“drenched in . . . sweat” and asked to borrow a shirt. Ray gave him
one, and the two men began watching television. Porter then told
Ray that he had “f**ked up” and said that he had “stabbed her three
or four times” and thought he had “killed her.” Ray did not know
who Porter was referring to. At that point, Ray’s children entered
the room, and Ray and Porter did not discuss the matter any further.
Porter asked Ray if Ray could drop him off in Claxton on his way to
church. Ray agreed, and the group left Ray’s apartment around
10:45 a.m. Ray dropped Porter off at a gas station in Claxton.
Cell phone records showed that Porter’s cell phone called 911
at 5:57 a.m. on October 8. That call lasted six seconds and was
disconnected before it was connected to a 911 operator. The cell
tower used for that call was located near Miles’s house. At trial,
Detective Ben Purvis testified about a map created based on records
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showing which cell phone towers Porter’s phone was connected to on
the morning of the crimes. Porter’s cell phone utilized the same cell
tower for both the 5:57 a.m. call to 911 and the 8:36 a.m. call to Ray,
and Detective Purvis testified that Porter’s phone was “in close
proximity” to Miles’s home during the 8:36 a.m. call.
Law enforcement officials never recovered Miles’s cell phone,
and phone records show that it was powered down at 9:31 a.m. on
October 8 and never turned back on.
On Monday, October 9, Ray informed law enforcement officials
about Porter’s confession to him, and Porter was arrested that same
day. In a statement to law enforcement officials after his arrest,
Porter said that he was at his sister’s home in Claxton from
Saturday morning, October 7, until Monday morning, October 9.
Porter’s sister, however, testified that, after speaking with Porter on
October 6, the next time she “heard from him” was on the afternoon
of October 8. He called her and asked her to pick him up from a
convenience store in Hagan, near Claxton. She did so around 5:00
p.m. and took him to her house. In addition, cell phone records
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showed that Porter’s cell phone utilized a cell tower in Claxton on
October 6 around 6:05 p.m. but did not again utilize a cell tower in
Claxton until around noon on October 8.
2. Porter contends that the evidence was not constitutionally
sufficient to support his conviction for the malice murder of Miles.
We disagree.
When evaluating the sufficiency of the evidence as a matter of
constitutional due process, we view the evidence presented at trial
in the light most favorable to the verdicts and consider whether it
was sufficient to authorize a rational trier of fact to find the
defendant guilty beyond a reasonable doubt of the crimes of which
he was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (III)
(B) (99 SCt 2781, 61 LE2d 560) (1979); Moore v. State, 311 Ga. 506,
508 (2) (858 SE2d 676) (2021). “Under this review, we must put aside
any questions about conflicting evidence, the credibility of
witnesses, or the weight of the evidence, leaving the resolution of
such things to the discretion of the trier of fact.” Wilson v. State, 320
Ga. 766, 768 (911 SE2d 670) (2025) (citation and punctuation
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omitted).
Here, when properly viewed in the light most favorable to the
verdict, the evidence presented at Porter’s trial was sufficient to
authorize the jury’s verdict on the malice murder count. That
evidence showed that Porter had been having disputes with Miles
over his drinking habits and his failure to contribute to financial
expenses; that Miles kicked Porter out of her apartment on the night
of October 6 to 7 because of Porter’s drinking; and that Porter was
distraught over the prospect of the end of their relationship, saying,
in response to the text message from Miles telling Porter that he
would “get over” his love for her, that he could not because she was
“[his] soul.” Moreover, cell phone records showed that Porter was in
the vicinity of Miles’s apartment at 8:36 a.m., which was shortly
before Kicklighter and Ward had difficulty communicating with
Miles about her failure to report to work and shortly before her
request for help from Ward. In addition, not long after that, Porter
arrived at Ray’s apartment “drenched in . . . sweat” and confessed to
Ray that he had “stabbed [a woman] three or four times” and
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thought he had “killed her.” Furthermore, in his statement to the
police, Porter lied regarding his location at the time of the crimes,
saying that he was in Claxton at his sister’s residence from
Saturday, March 7, until Monday, March 9, when his sister testified
that Porter was not in Claxton with her that weekend until late
Sunday afternoon on March 8. Phone records confirmed the sister’s
testimony. We conclude that Porter’s confession, coupled with other
supporting evidence, was sufficient to authorize the jury’s verdict on
the malice murder count. See Troutman v. State, 320 Ga. 489, 490-492 (1) (910 SE2d 173) (2024) (holding that the defendant’s
confession to his uncle that he “had just killed someone,” along with
other supporting evidence, was sufficient to support his malice
murder conviction); Jones, 319 Ga. at 762 (2) (holding that the
defendant’s confessions, which were direct evidence of guilt, coupled
with other corroborating evidence, were “more than sufficient to
support his murder convictions”); Grant v. State, 319 Ga. 490, 492-493 (2) (a) (904 SE2d 338) (2024) (holding that the evidence was
constitutionally sufficient to support the jury’s verdicts, in part,
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because the evidence showed that the defendant “lied” to officers
about her communications with a co-defendant).
Porter complains about the absence at trial of any DNA or
fingerprint evidence linking him to the crime scene. “However, the
fact that the State did not produce certain types of evidence does not
mean that the evidence was insufficient.” Jones v. State, 319 Ga.
758, 761 (2) (906 SE2d 699) (2024) (citation and punctuation
omitted). Indeed, “[a]lthough the State is required to prove its case
with competent evidence, there is no requirement that it prove its
case with any particular sort of evidence.” Id. 761-762 (2) (citation
and punctuation omitted).
Porter also complains that phone records show that his only
chance to have committed the crime would have been around 5:57
a.m. when he called 911 from a location close to Miles’s apartment,
but that he could not have been the perpetrator because, if he had
attacked her at that time the seriousness of her injuries would not
have permitted her to text Kicklighter at 6:34 a.m. and 9:07 a.m. or
to call Ward around 9:00 a.m. However, there is no evidence that
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Miles was attacked at 5:57 a.m. and no evidence regarding why
Porter called 911 at that time. Instead, as explained above, the jury
could have concluded that Porter was still in close proximity to
Miles’s apartment closer to 9:00 a.m., that he attacked her around
that time, and that he then fled to Ray’s apartment where he
confessed to the crime. In evaluating the constitutional sufficiency
of the evidence, “we must put aside any questions about conflicting
evidence, the credibility of witnesses, or the weight of the evidence,
leaving the resolution of such things to the discretion of the trier of
fact.” Troutman, 320 Ga. at 491 (1). In sum, the evidence was
sufficient to authorize the jury to convict Porter of the malice murder
of Miles.
3. Porter argues that the trial court erred by failing to give his
requested charge that the State had the burden of proving his
identity as the perpetrator of the crime beyond a reasonable doubt.2
2 The current pattern jury charge on the State’s burden of proof
regarding identification is identical to the charge requested by Porter. See
Georgia Suggested Pattern Jury Instructions, Vol. II: Criminal Cases § 1.35.11
(4th ed. 2007, updated 2025). Porter’s requested charge was, in part, as follows:
“The burden of proof rests upon the State to prove, beyond a reasonable doubt,
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The trial court declined to give the charge on the ground that the
principle of the requested charge would be covered by other parts of
the trial court’s charge. We conclude that the trial court did not err.
Porter argues that, by failing to give the requested charge, the
jury was not properly informed that the State had the burden of
proving his identity as the perpetrator of the crime. However, the
record shows that the trial court covered this point of law in other
parts of the charge. The trial court charged that Porter was
presumed innocent “until and unless [the presumption of innocence]
is overcome by the State with evidence that is sufficient to convince
you beyond a reasonable doubt of his guilt of the offense” charged in
the indictment; that “no person shall be convicted of any crime
unless and until each element of the crime is proven beyond a
reasonable doubt”; and that the State had the burden “to prove every
material allegation in the Indictment and every essential element of
the crime charged beyond a reasonable doubt.” In addition, the
the identity of this defendant as the person who committed the crime alleged
in this bill of indictment.”
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court charged the jury that “facts and circumstance that merely
place upon the defendant a grave suspicion of the crime charged or
that merely raise a speculation or conjecture of the defendant’s guilt
are not sufficient to authorize a conviction of the defendant,” , and
that, to be authorized to find Porter guilty, it had to “find and believe
beyond a reasonable doubt that [Porter] . . . commit[ted] the offense
of malice murder, as alleged in the Indictment.” Because these
charges substantially covered the principle that the State had to
prove Porter’s identity as the perpetrator of the crime beyond a
reasonable doubt, the trial court did not err in declining to give the
requested instruction. See Priester v. State, 317 Ga. 477, 487-488 (4)
(b) (ii) (893 SE2d 751) (2023) (holding that the trial court did not err
by declining to give a requested instruction on perjury because other
parts of the charge, including the charge on the credibility of
witnesses, “covered [the perjury] concept”); Wilson v. State, 315 Ga.
728, 737 (7) (883 SE2d 802) (2023) (holding that the trial court did
not err in failing to give a requested instruction where “the points of
law in [the] requested instruction were covered in the court’s other
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instructions”); Francis v. State, 296 Ga. 190, 194 (2) (766 SE2d 52)
(2014) (“A trial court does not abuse its discretion in refusing to give
a jury charge in the exact language requested when the charge given
substantially covers the correct principles of law.” (citation and
punctuation omitted)).
Judgment affirmed. Peterson, CJ, Warren, PJ, and Bethel,
McMillian, LaGrua, Colvin, and Pinson, JJ, concur.
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