Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2011 » S11A0585. HAMPTON v. THE STATE
S11A0585. HAMPTON v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S11A0585
Case Date: 07/08/2011
Preview:Final Copy 289 Ga. 621 S11A0585. HAMPTON v. THE STATE. NAHMIAS, Justice. Lamar Hampton appeals from his convictions for the malice murder of Julian Smith, the aggravated assault of Kyzer Green, hindering the apprehension of a criminal, and tampering with evidence.1 We affirm the malice murder and aggravated assault convictions, but we vacate the sentence for hindering the apprehension of a criminal and remand for misdemeanor sentencing on the tampering with evidence conviction. 1. The evidence at trial, viewed in the light most favorable to the verdict, shows that on September 18, 2003, Smith and his friend Green went to the Bridge Creek Apartments to visit Smith's girlfriend. When they were getting into their car to leave, a gunman began shooting at Smith, who told Green to run. Smith was hit four times in the head, once in the left shoulder, and once in the neck. He died as a result of his injuries. Green ran and was

The crimes occurred on September 18, 2003. On September 18, 2006, Hampton, Russell Blackshear, and Shawn Venisee were jointly indicted for the malice murder, felony murder, and aggravated assault of Julian Smith and the aggravated assault of Kyzer Green. Hampton, Venisee, Robert Jones, and Purvis Wallace were also charged with hindering the apprehension of a criminal (Blackshear), and those four and Blackshear were charged with tampering with evidence by concealing a 2001 Oldsmobile Alero and a .38 caliber revolver. Hampton was tried separately, and a jury found him guilty on all charges on September 27, 2007. He received a life sentence for malice murder and consecutive terms of years in prison for the aggravated assault of Green, hindering the apprehension of a criminal, and tampering with evidence. Hampton filed a timely motion for new trial, which he amended on April 16, 2009, and January 12, March 25, and March 29, 2010. The trial court denied the amended motion on May 14, 2010. Hampton filed a timely notice of appeal, and the case was docketed for the January 2011 Term of this Court and submitted for decision on the parties' briefs. We previously affirmed Blackshear's convictions. See Blackshear v. State, 285 Ga. 619 (680 SE2d 850) (2009).

1

not hit by any bullets. Eyewitnesses could not identify the gunman because he was wearing a stocking over his head, but they testified that he leaned into Smith's car, shot him at close range, and then fled in a Grand Am style car with tinted windows. Other evidence, including testimony from co-indictees Robert Jones and Shawn Venisee, showed that Hampton believed that Smith had shot and killed his close friend and Venisee's brother, James Thomas, 18 days earlier and that Hampton orchestrated a hit on Smith that involved Blackshear as the shooter and Jones, Venisee, and Purvis Wallace in supporting roles. After the shooting, Hampton concealed Blackshear at his home and directed that tinting be removed from the getaway car (a 2001 Oldsmobile Alero) and that the murder weapon (a .38 caliber revolver) be thrown away in a wooded area. When viewed in the light most favorable to the verdict, the evidence presented at trial and summarized above was sufficient to authorize a rational jury to find Hampton guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). See also Vega v. State, 285 Ga. 32, 33 (673 SE2d 223) (2009) ("It was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence." (citation and punctuation omitted)). 2. This Court has held that the offense of hindering the apprehension of a criminal, see OCGA
Download S11A0585. HAMPTON v. THE STATE.pdf

Georgia Law

Georgia State Laws
Georgia Court
Georgia State
    > Georgia Counties
Georgia Tax
Georgia Labor Laws
    > Georgia Unemployment
Georgia Agencies
    > Georgia DMV

Comments

Tips