Sims v. State, 453 S.E.2d 33 (Ga. 1995). · Go Syfert
Sims v. State, 453 S.E.2d 33 (Ga. 1995). Cases Citing This Book View Copy Cite
42 citation events (37 in the last 25 years) across 1 distinct court.
Strongest positive: Adams v. State (ga, 2025-07-01)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) Adams v. State
Ga. · 2025 · confidence medium
See, e.g., DuBose v. 11 State, 299 Ga. 652, 653-654 (2) ( 791 SE2d 9 ) (2016); Amos v. State, 297 Ga. 892, 893-894 (2) ( 778 SE2d 203 ) (2015); Wallace v. State, 294 Ga. 257 258-259 (2) ( 754 SE2d 5 ) (2013); Lawson v. State, 280 Ga. 881, 883 (3) ( 635 SE2d 134 ) (2006); Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995).
discussed Cited as authority (rule) Griggs v. State
Ga. · 2018 · confidence medium
See DuBose v. State, 299 Ga. 652, 653-654 (2) ( 791 SE2d 9 ) (2016); Amos v. State, 297 Ga. 892, 893-894 (2) ( 778 SE2d 203 ) (2015); Wallace v. State, 294 Ga. 257, 258-259 (2) ( 754 SE2d 5 ) (2013); Lawson v. State, 280 Ga. 881, 883 (3) ( 635 SE2d 134 ) (2006); Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995).
discussed Cited as authority (rule) Clough v. State (2×)
Ga. · 2016 · confidence medium
See also Sanders v. State, 281 Ga. 36, 37-38 (1) ( 635 SE2d 772 ) (2006); Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995).
discussed Cited as authority (rule) Amos v. State
Ga. · 2015 · confidence medium
See Kipp v. State, 296 Ga. 250, 252 ( 765 SE2d 924 ) (2014); Wallace v. State, 294 Ga. 257, 258-259 (2) ( 754 SE2d 5 ) (2013) (Edge rule does not apply where felony murder whs predicated on unlawful possession of a firearm by a convicted felon); Lawson v. State, 280 Ga. 881, 883 (3) ( 635 SE2d 134 ) (2006) (same); Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995) (same); see also Grimes v. State, 293 Ga. 559, 561 (2) ( 748 SE2d 441 ) (2013); Smith v. State, 272 Ga. 874, 879-880 (5) (a) ( 536 SE2d 514 ) (2000).
discussed Cited as authority (rule) Wallace v. State (2×)
Ga. · 2013 · confidence medium
See Lawson v. State, 280 Ga. 881, 883 ( 635 SE2d 134 ) (2006); Sims v. State, 265 Ga. 35, 36 ( 453 SE2d 33 ) (1995).
discussed Cited as authority (rule) Grimes v. State
Ga. · 2013 · confidence medium
Consequently, we generally do not apply the Edge modified merger rule “to any felony murder conviction in which the underlying felony was not the aggravated assault of the murder victim.” Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995) (citations omitted).
discussed Cited as authority (rule) Shivers v. State
Ga. · 2010 · confidence medium
See Sapp v. State, 284 Ga. 754, 754-755 ( 670 SE2d 67 ) (2008); Stephens v. State, 279 Ga. 43, 44 ( 609 SE2d 344 ) (2005); Hines v. State, 276 Ga. 491, 493 ( 578 SE2d 868 ) (2003); Metts v. State, 270 Ga. 481, 482-483 ( 511 SE2d 508 ) (1999); Roller v. State, 265 Ga. 213, 214 ( 453 SE2d 740 ) (1995); Sims v. State, 265 Ga. 35, 35, n. 2 ( 453 SE2d 33 ) (1995). 3.
discussed Cited as authority (rule) Lawson v. State
Ga. · 2006 · confidence medium
In Sims v. State, 265 Ga. 35, 36 (3) ( 453 SE2d 33 ) (1995), we explained that the modified merger rule in Edge “applies only ‘where the aggravated assault is perpetrated against the homicide victim and is an integral part of the killing,’ ” and we declined “to extend our holding in Edge to a felony murder when the underlying felony is possession of a firearm by a convicted felon.” Id.
discussed Cited as authority (rule) Smith v. State
Ga. · 2000 · confidence medium
The appeal was submitted for decision on briefs on May 29, 2000. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Count 1 was the malice murder count of the indictment, and the trial court charged the jury that on that count, it could consider the offense of voluntary manslaughter. 4 In this regard, the court reporter certified the tried transcript, including the exhibits, on September 1, 1999, and the hearing on Smith’s motion for new trial was not held until November 8, 1999. 5 Turpin v. Todd, 271 Ga. 386, 391 ( 519 SE2d 678 ) (1999). 6 Burtts v. State, 269 Ga. 402,…
examined Cited "see" Crayton v. State (4×)
Ga. · 2016 · signal: see · confidence high
See Sims v. State, 265 Ga. 35 (3) ( 453 SE2d 33 ) (1995).
examined Cited "see, e.g." Owens v. State (4×)
Ga. · 2023 · signal: see also · confidence medium
See also Sims v. State, 265 Ga. 35, 36 (453 SE2d 33) (1995) (first deciding this question). 2 2 Owens makes no argument that we should treat possession of a firearm by a first-offender probationer differently than possession of a firearm by a 4 Owens acknowledges this precedent, but argues that we should nevertheless extend Edge to apply here, citing Ford v. State, 262 Ga. 602 (423 SE2d 255) (1992).
discussed Cited "see, e.g." Mosley v. State (2×)
Ga. · 2000 · signal: see also · confidence low
See generally State v. Stewart, 663 A2d 912 (R.I. 1995) (discussing adoption of approach used in majority of states that considers the facts and circumstances of the particular case in determining if the felony was inherently dangerous in the manner and circumstances in which it was committed). 9 See, e.g., Metts v. State, 270 Ga. 481 ( 511 SE2d 508 ) (1999) (possession of firearm was dangerous and life-threatening when defendant pointed a loaded, cocked gun at human being outside window); see also Sims v. State, 265 Ga. 35 , 36 n. 2 ( 453 SE2d 33 ) (1995) (defendant created foreseeable risk o…
Sims
v.
the State
S94A1225.
Supreme Court of Georgia.
Feb 20, 1995.
453 S.E.2d 33
Brooks S. Franklin, for appellant., J. Tom Morgan, District Attorney, Thomas S. Clegg, Barbara B. Conroy, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Marla-Deen Brooks, Assistant Attorney General, for appellee.
Fletcher.
Cited by 18 opinions  |  Published
Fletcher, Justice.

Edward James Sims was sentenced to life imprisonment for the shooting death of Lymus Pettaway. [1] We affirm.

The grand jury indicted Sims for malice murder (Count 1), felony murder with aggravated assault as the underlying felony (Count 2), felony murder with possession of a firearm by a convicted felon as the underlying felony (Count 3), aggravated assault (Count 4), and possession of a firearm by a convicted felon (Count 5). At the trial on the first four counts, the jury returned a verdict of guilty of voluntary manslaughter on the malice murder count, guilty of both felony murder counts, and guilty of aggravated assault. The trial court merged Counts 1, 2, and 4 and sentenced Sims to life in prison on Count 3.

1. The state presented evidence that Pettaway stabbed Sims’ nephew, Fernando Hunter, after Hunter refused to loan ten dollars to Pettaway. While driving around later that day searching for Petta-way, Sims and Hunter saw him in another vehicle and shot him. Pet-taway drove away and crashed in a cemetery, dying in a hospital from a gunshot wound. Reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier[*36] of fact could have found Sims guilty of felony murder beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Decided February 20, 1995. Brooks S. Franklin, for appellant. J. Tom Morgan, District Attorney, Thomas S. Clegg, Barbara B. Conroy, Assistant District Attorneys, Michael J. Bowers, Attorney [*37] General, Susan V. Boleyn, Senior Assistant Attorney General, Marla-Deen Brooks, Assistant Attorney General, for appellee.

[*36] 2. There is no merit to Sims’ contention that the trial court erred in failing to direct a verdict of acquittal on the charge of felony murder with the underlying felony of aggravated assault. Because the trial court did not enter a judgment on that count, we find no error.

3. Sims also seeks a reversal of the conviction and sentence on Count 3. He asks this court to extend the rule adopted in Edge v. State, 261 Ga. 865 (414 SE2d 463) (1992), to a conviction for felony murder when the underlying felony is possession of a firearm by a convicted felon.

In Edge, this court adopted a modified merger rule, holding that a defendant could not be convicted and sentenced for felony murder based on aggravated assault as the underlying felony when the jury also convicted the defendant of voluntary manslaughter. The rationale for that ruling was that the malice imputed from the underlying felony to support the felony murder conviction was absent when the jury found that provocation and passion mitigated the assault. As Edge pointed out, “this problem does not exist if the underlying felony is independent of the killing,” such as burglary or robbery. Id. at 867, n. 3. Instead, the rule applies only “where the aggravated assault is perpetrated against the homicide victim and is an integral part of the killing.” Foster v. State, 264 Ga. 369, 370 (444 SE2d 296) (1994). Thus, this court has refused to apply the rule to any felony murder conviction in which the underlying felony was not the aggravated assault of the murder victim. See id. (underlying felony was the aggravated assault on another person); Philmore v. State, 263 Ga. 67 (428 SE2d 329) (1993) (underlying felonies were aggravated assault with intent to rob and attempted possession of marijuana with intent to distribute). Consistent with these cases, we decline to extend our holding in Edge to a felony murder when the underlying felony is possession of a firearm by a convicted felon. Therefore, we affirm Sims’ conviction and sentence for felony murder based on Count 3. [2]

Judgment affirmed.

All the Justices concur.
1

The homicide occurred on March 2, 1993. Sims was indicted on May 11, 1993, and convicted on December 15, 1993. He filed a motion for a new trial on January 13, 1994, which was denied on February 28, 1994. Sims filed a notice of appeal on March 30, 1994. The appeal was docketed on May 10, 1994, and submitted for decision without oral argument on July 5, 1994.

2

In this case, unlike Ford v. State, 262 Ga. 602 (423 SE2d 255) (1992), the defendant created a foreseeable risk of death when he searched for the victim armed with an automatic pistol.