Sonya Fuller v. Georgia

This is a felony-murder case that divided the Georgia Supreme Court with respect to the proper application of Jackson v. Virginia, 443 U.S. 307 (1979). Three justices stated that the evidence against Petitioner Sonya Fuller was insufficient to support her conviction. Two additional justices stated that the evidence “just barely” passed constitutional muster. Even the majority opinion recognized that “the evidence of Fuller’s guilt was not strong.” App. 3a. It was undisputed at trial that Petitioner Fuller did not kill the decedent. Instead, Fuller’s son killed the decedent by shooting him, and the State’s theory was that Fuller aided and abetted in the shooting—an aggravated assault that could support a conviction for felony murder. However, as the dissent below noted, “The State presented no evidence that Fuller planned, knew about, participated in, or even encouraged [the] shooting.” App. 5a (Warren, Pinson, Bethel, JJ., dissenting). Nevertheless, Fuller was convicted of felony murder and sentenced to life in prison without the possibility of parole. Fuller’s son, the shooter, has since won reversal of his conviction and entered a new guilty plea for a sentence of 25 years. Meanwhile, Fuller remains in prison on her sentence of life without parole. The question presented is this: Whether a conviction for felony murder is permissible under Jackson where the prosecution presented no evidence that the defendant planned, knew about, participated in, or encouraged the felony?