Merritt v. State, 683 S.E.2d 855 (Ga. 2009). · Go Syfert
Merritt v. State, 683 S.E.2d 855 (Ga. 2009). Cases Citing This Book View Copy Cite
96 citation events (96 in the last 25 years) across 2 distinct courts.
Strongest positive: Clark v. State (ga, 2015-02-16)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 35 distinct citers.
examined Cited as authority (verbatim quote) Clark v. State (3×) also: Cited as authority (rule), Cited "see"
Ga. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
need not exclude every conceivable inference or hypothesis - only those that are reasonable.
examined Cited as authority (verbatim quote) Clark v. State (3×) also: Cited as authority (rule), Cited "see"
Ga. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
need not exclude every conceivable inference or hypothesis - only those that are reasonable.
examined Cited as authority (quoted) Jones v. State (4×) also: Cited "see, e.g."
Ga. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
need not exclude every conceivable inference or hypothesis - only those that are reasonable.
examined Cited as authority (quoted) Haley v. State (3×) also: Cited as authority (rule), Cited "see"
Ga. · 2011 · quote attribution · 1 verbatim quote · confidence low
ocga 16-10-94 (a) clearly states that intent is a necessary element of the crime. . . .
discussed Cited as authority (rule) Norris v. State (2×)
Ga. · 2023 · confidence medium
The evidence presented at trial “need not exclude every conceivable inference or hypothesis—only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (683 SE2d 855) (2009). “[W]hether an alternative hypothesis raised by the defendant is reasonable is a question committed principally to the jury, and . . . we will not disturb [a jury’s] finding unless it is insupportable as a matter of law.” Long v. State, 309 Ga. 721, 726 (848 SE2d 91) (2020) (cleaned up).
cited Cited as authority (rule) Smith v. State
Ga. · 2022 · confidence medium
Former OCGA § 24-4-6 was carried forward into the new Evidence Code, and it now can be found at OCGA § 24-14-6. 3 in original.) Merritt v. State, 285 Ga. 778, 779 (1) (683 SE2d 855) (2009).
discussed Cited as authority (rule) Gilbert Alexander Hill v. State
Ga. Ct. App. · 2021 · confidence medium
Finally, the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” (Emphasis in original.) Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited as authority (rule) BUTLER v. THE STATE (Two Cases) (2×)
Ga. · 2021 · confidence medium
See Boyd, 306 Ga. at 208 (1) (a); Merritt v. State, 285 Ga. 778, 779-780 (1) (2009) (though evidence was entirely circumstantial, jury was entitled to reject appellant’s theory that victim had been shot by unknown intruder).
discussed Cited as authority (rule) Graves v. State
Ga. · 2019 · confidence medium
But not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
discussed Cited as authority (rule) Outler v. State
Ga. · 2019 · confidence medium
But not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
cited Cited as authority (rule) Brown v. State
Ga. · 2018 · confidence medium
Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited as authority (rule) Gibson v. State
Ga. · 2017 · confidence medium
But not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
discussed Cited as authority (rule) Gibson v. State
Ga. · 2017 · confidence medium
But not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
cited Cited as authority (rule) Daniels v. State
Ga. · 2015 · confidence medium
Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) *123 (2009).
discussed Cited as authority (rule) Platt v. the State
Ga. Ct. App. · 2015 · confidence medium
See Wright v. State, 296 Ga. 276, 277, 284 (3) ( 766 SE2d 439 ) (2014) (evidence was sufficient to show that defendant was party to shooting committed by co-defendant, where defendant drove his co-defendants to the scene, communicated with his co-defendants at the scene after they got out of the car, and served as the getaway driver after the shooting); Jordan v. State, 281 Ga. App. 419, 422 (1) ( 636 SE2d 151 ) (2006) (evidence was sufficient to support defendant’s conviction as party to the crime, where defendant waited at the scene and then assisted his co-defendants in their attempted es…
cited Cited as authority (rule) Akhimie v. State
Ga. · 2015 · confidence medium
Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited as authority (rule) Black v. State
Ga. · 2015 · confidence medium
As a result, Appellant argues, the State failed to exclude every reasonable hypothesis save that of her guilt pursuant to OCGA § 24-4-6.3 However, not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
discussed Cited as authority (rule) Black v. State
Ga. · 2015 · confidence medium
As a result, Appellant argues, the State failed to exclude every reasonable hypothesis save that of her guilt pursuant to OCGA § 24-4-6. 3 However, not every hypothesis is a reasonable one, and the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (emphasis in original).
discussed Cited as authority (rule) Bettes v. the State
Ga. Ct. App. · 2014 · confidence medium
The proved facts “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (citations omitted; emphasis in original).
discussed Cited as authority (rule) Amanda Hutchins v. State
Ga. Ct. App. · 2014 · confidence medium
“As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citation and punctuation omitted.) Miller v. State, 273 Ga. 831, 832 ( 546 SE2d 524 ) (2001). 2 Further, under former OCGA § 24-4-6,3 “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” See Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) …
discussed Cited as authority (rule) Hutchins v. State
Ga. Ct. App. · 2014 · confidence medium
Further, under former OCGA § 24-4-6, 3 “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” See Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
examined Cited as authority (rule) Blevins v. State (3×) also: Cited "see, e.g."
Ga. · 2012 · confidence medium
But not every hypothesis is a reasonable one; the evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” Merritt, 285 Ga. at 779 (1) (citations omitted; emphasis in original).
discussed Cited as authority (rule) Rankin v. State
Ga. Ct. App. · 2011 · confidence medium
Edwards, Assistant District Attorneys, for appellee. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (citations omitted); see OCGA § 24-4-6. 3 Sims v. State, 278 Ga. 587, 589 (1) ( 604 SE2d 799 ) (2004). 4 See OCGA § 16-8-41 (a) (providing, inter alia, that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or immediate presence of another by use of an offensive weapon); Adams v. State, 245 Ga. App. 607, 609 (…
discussed Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 2010 · confidence medium
But the circumstantial evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” (Emphasis in original.) Merritt v. State, 285 Ga. 778, 779 ( 683 SE2d 855 ) (2009).
discussed Cited as authority (rule) Hart v. State
Ga. Ct. App. · 2010 · confidence medium
Jarriel, Assistant District Attorney, for appellee. 1 See Lively v. State, 262 Ga. 510, 512 (3) ( 421 SE2d 528 ) (1992). 2 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979) (emphasis in original). 3 Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (citations omitted; emphasis in original). 4 See Jackson, supra; Merritt, supra at 779-780 ; Wilson v. State, 275 Ga. 53, 56 (1) ( 562 SE2d 164 ) (2002); Williams v. State, 164 Ga. App. 621, 622 (1) ( 298 SE2d 306 ) (1982) (“mere possibility that someone other than defendant committed the crime” need…
discussed Cited "see" Wise v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See former OCGA § 24-4-6. 3 However, the circumstantial evidence “need not exclude every conceivable inference or hypothesis — only those that are reasonable.” (Emphasis in original.) Merritt v. State, 285 Ga. 778, 779 ( 683 SE2d 855 ) (2009).
discussed Cited "see" Mark Daniel Wise, Sr. v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See former OCGA § 24-4-6.3 However, the circumstantial evidence “need not exclude every conceivable inference or hypothesis – only those that are reasonable.” (Emphasis in original.) Merritt v. State, 285 Ga. 778, 779 ( 683 SE2d 855 ) (2009).
discussed Cited "see" Burgess v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Merritt v. State, 285 Ga. 778 (3) ( 683 SE2d 855 ) (2009) (evidence of motive is always relevant in a murder trial).
examined Cited "see, e.g." Shellman v. State (4×)
Ga. · 2024 · signal: see also · confidence medium
See also Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited "see, e.g." Bates v. State (2×)
Ga. · 2023 · signal: see also · confidence medium
See also Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
examined Cited "see, e.g." Willis v. State (4×)
Ga. · 2022 · signal: see also · confidence medium
See also Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited "see, e.g." Dijoun Drake v. State (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
Id.; see also Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009).
discussed Cited "see, e.g." Cooper v. State (2×)
Ga. · 2010 · signal: see also · confidence low
See also Merritt v. State, 285 Ga. 778 (2) ( 683 SE2d 855 ) (2009) (mere repositioning of victim’s body insufficient to show perpetrator intended to frustrate his apprehension or obstruct the prosecution).
discussed Cited "see, e.g." White v. State (2×)
Ga. · 2010 · signal: compare · confidence low
Compare Merritt v. State, 285 Ga. 778 (2) ( 683 SE2d 855 ) (2009) (the re-positioning of the victim’s body and moving a pillow through which a gunshot was fired without evidence of why such actions were taken is insufficient evidence that appellant tampered with evidence).
discussed Cited "see, e.g." Patterson v. State (2×)
Ga. Ct. App. · 2010 · signal: see also · confidence medium
See also Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (evidence need not “exclude every conceivable inference or hypothesis — only those that are reasonable. [Cit.]”).
Merritt
v.
the State
S09A1088.
Supreme Court of Georgia.
Sep 28, 2009.
683 S.E.2d 855
Timothy L. Eidson, Steven W. Czarnota, Clinton L. Lott IV, for appellant., Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Thurbert E. Baker, Attorney General, Sara K. Sahni, Assistant Attorney General, for appellee.
Thompson, Hunstein.
Cited by 41 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #19,041 of 633,719
Citer courts: Supreme Court of Georgia (2)

Lead Opinion

Thompson, Justice.

Defendant Carolyn Merritt appeals from the denial of her motion for new trial following her convictions for the murder of Jimmy Merritt and other related crimes.[1] After review of the record, we affirm in part and reverse in part.

1. Viewed in the light most favorable to the verdict, the jury was authorized to find that Merritt shot the victim in the back of the head while he was sitting in his recliner in his home. Merritt and the victim had been married for more than 20 years of what had been a tumultuous relationship. Once, when the victim drank heavily and beat Merritt, she retaliated by shooting him in the arm. They reconciled but slept in separate bedrooms; Merritt even kept her bedroom door locked when she left the house. Merritt often made threats that she would shoot the victim again if he “messed with her.”

On April 27, 2005, the victim stayed at home while Merritt went to the bank to obtain financing for a new car the victim was planning to purchase. The victim believed they would qualify for a loan when in fact, Merritt was in Chapter 13 bankruptcy and was delinquent in paying loans secured by land the victim gave her. The victim did not know his bank account contained less than $15 because Merritt routinely and deliberately hid the details of their finances from him. When the bank refused the loan, Merritt was faced with having to reveal the truth about their finances to the victim.

Merritt testified she left the bank at 10:30 a.m., picked up a co-worker, Debra Alexander, and drove back to the house where she discovered the victim and called 911. Debra indeed confirmed she was picked up at 10:30 a.m.; but several bank employees testified Merritt actually left the bank around 9:45 a.m., and test drives showed it should have taken Merritt only eight minutes to get back to the house, unaccounting for a time frame of about 30 minutes.

Merritt’s son, Calvin, who lived only 100 yards away, testified[*779] that he saw his mother rush into the house alone on the morning of the crimes; and that some 25-30 minutes later, Debra came to tell him to come to the house. Calvin testified that upon rushing to his father’s side, his father whispered Merritt’s name before losing consciousness. When police arrived, Merritt directed them to the victim’s dresser where the couple kept their guns. One of the guns, owned by Merritt, was a .22 Jennings pistol that had recently been shot; tests showed the Jennings was likely the type of gun used to shoot the victim.

The victim was found in a reclining position although evidence showed the victim was shot upright. A pillow with a bullet hole in it had been placed behind the victim’s head after the shooting.[2] The victim died two weeks later in the hospital from delayed complications from the gunshot wound. Merritt told police that $300 was missing, but this could not be confirmed. There were no signs of a break-in or theft and there was no evidence of outside intruders. The only people in the house that day with the victim were Merritt and Calvin. Merritt was the beneficiary of all three of the victim’s life insurance policies.

Because the evidence presented by the State was entirely circumstantial, such evidence must be so strong as to exclude every other reasonable hypothesis save that of the guilt of the accused. OCGA § 24-4-6. But it need not exclude every conceivable inference or hypothesis — only those that are reasonable. Smith v. State, 257 Ga. 381 (359 SE2d 662) (1987); White v. State, 253 Ga. 106, 107 (1) (317 SE2d 196) (1984). Whether every reasonable hypothesis except that of the guilt of the defendant has been excluded is a question for the jury. Lindsey v. State, 271 Ga. 657, 658 (1) (522 SE2d 459) (1999); White v. State, 263 Ga. 94, 97 (1) (428 SE2d 789) (1993). Where the jury determines the evidence excluded every reasonable hypothesis save that of guilt, such a finding will be not be disturbed unless the verdict of guilty is insupportable as a matter of law. Berryhill v. State, 285 Ga. 198, 199 (1) (674 SE2d 920) (2009); Bryant v. State, 282 Ga. 631, 634 (2) (651 SE2d 718) (2007).

Here, there was no evidence of a robbery or of an outside intruder save that of Merritt’s claim that $300 had been stolen, a claim the jury apparently found incredible. The one other person who had been in the house that day, Calvin, was vouched for by two witnesses, including Merritt herself. There was no evidence linking Calvin to the murder. Merritt, on the other hand, could not account for at least 30 minutes of her whereabouts that morning, and her[*780] own gun, the gun that matched the type used to kill the victim, had recently been shot. Based on this evidence, along with Merritt’s history with the victim, her threats, the desperate position she found herself in once she could no longer hide her entanglement in the victim’s finances, and the fact that Merritt stood to gain from the victim’s death as the beneficiary of his life insurance policies, a jury could have concluded beyond a reasonable doubt that Merritt shot the victim with intent to kill him. In view of the foregoing, we conclude the evidence was sufficient to authorize the jury to find Merritt guilty of malice murder beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Merritt next contends there was insufficient evidence to support her conviction for the charge of tampering with evidence. We agree. Assuming that Merritt moved the body and the pillow, OCGA § 16-10-94 (a) clearly states that intent is a necessary element of the crime:

A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.

Under the facts of this case, the mere repositioning of the victim or moving of the pillow does not, in and of itself, give rise to an inference that the perpetrator intended to frustrate his or her own apprehension or to obstruct the prosecution. Indeed, in this case the moving of the body and pillow did nothing more than to point the investigation toward the likelihood that the perpetrator knew the victim and that robbery was not the motive. There is no evidence as to why the body and pillow were moved and the State offers no reasonable explanation in this regard. Thus, we conclude there was insufficient evidence of intent to tamper with evidence by repositioning the body and moving the pillow. Compare Phillips v. State, 242 Ga. App. 404 (530 SE2d 1) (2000) (evidence sufficient to support tampering with evidence charge where plastic bag with cocaine residue was placed in garbage disposal). Because no rational trier of fact could have found Merritt guilty of tampering with evidence beyond a reasonable doubt, we reverse her conviction for that crime.

3. Merritt argues the trial court erred by admitting evidence of her bankruptcy filing because it was irrelevant and improperly injected Merritt’s character into issue. “While it is true the State need not prove motive in a murder trial, evidence of motive is always relevant to establishing such a charge.” Young v. State, 281 Ga. 750,[*781] 752 (642 SE2d 806) (2007). Merritt took significant measures to hide her financial status from the victim and the bankruptcy documents established her motive for shooting the victim. The fact that the bankruptcy documents may have incidentally reflected on defendant’s character does not render the evidence inadmissible. See Johnson v. State, 260 Ga. 457, 458 (2) (396 SE2d 888) (1990).

Decided September 28, 2009. Timothy L. Eidson, Steven W. Czarnota, Clinton L. Lott IV, for appellant. Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Thurbert E. Baker, Attorney General, Sara K. Sahni, Assistant Attorney General, for appellee.

Judgment affirmed in part and reversed in part.

All the Justices concur, except Hunstein, C. J., who concurs specially.
1

The crimes occurred on April 27, 2005. Merritt was indicted by a Ben Hill grand jury on September 19, 2005, and charged with malice murder, felony murder, aggravated assault, possession of a firearm during the commission of a crime, and tampering with evidence. Trial by jury commenced on September 14, 2006, and the jury returned its verdict on September 29, 2006, finding Merritt guilty of all charges. The court sentenced Merritt to life in prison for malice murder, a five-year consecutive term of imprisonment for the possession charge, and a five-year concurrent term for the tampering charge. The felony murder count was vacated by operation of law and the aggravated assault count was merged for purposes of sentencing. See Malcolm v. State, 263 Ga. 369 (5) (434 SE2d 479) (1993). Merritt filed a motion for new trial on October 23, 2006, which was denied on April 24, 2008, after a hearing. A notice of appeal was filed on May 2, 2008. The appeal was docketed in this Court on March 24, 2009, and submitted for decision on the briefs.

2

Detective Hogan testified that ordinarily a perpetrator would not take the time to replace the pillow if he or she was robbing the house.

Concurrence

HUNSTEIN, Chief Justice,

concurring specially.

While I concur fully in Divisions 1 and 2 and agree with the majority that Merritt’s bankruptcy was admissible evidence of motive, I write specially to note that

[fjiling of a bankruptcy petition is no more misconduct than the filing of a suit for breach of contract or an adoption petition, unless filed fraudulently. Even though bankruptcy imparts certain social stigma, it is not evidence of bad character.

Tennessee v. Chestnut, 643 SW2d 343, 348 (Tenn. Crim. App. 1982). Accordingly, I would find that evidence of Merritt’s bankruptcy did not even incidentally put her character in issue.