Hines v. State
276 Ga. 491, 578 S.E.2d 868 (2003)
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Rule of Law:
A status-based felony, such as possession of a firearm by a convicted felon, can serve as the underlying felony for a felony murder conviction if the circumstances of its commission create a foreseeable risk of death. Georgia law does not recognize the inconsistent verdict rule, meaning a conviction on one count will not be overturned simply because it appears factually inconsistent with an acquittal on another count.
Facts:
- Robert Lee Hines, a convicted felon, went turkey hunting with his friend Steven Wood and others.
- The hunters split into two groups, positioned about a quarter-mile apart.
- Hines had been drinking alcohol before and during the hunt.
- As dusk approached, Hines heard a turkey gobble, saw movement he mistook for a turkey fanning out, and fired his shotgun through heavy foliage from approximately eighty feet away.
- The shot struck and killed his friend, Steven Wood.
- Following the shooting, Hines attempted to persuade his son and another friend to take responsibility for the shot.
- Before police arrived, Hines hid his shotgun, camouflage clothing, and other hunting gear.
- Two days later, Hines confessed to the shooting and revealed the location of the hidden items to the police.
Procedural Posture:
- A grand jury indicted Robert Lee Hines on two counts of felony murder—one based on the underlying felony of misuse of a firearm while hunting, and the other on possession of a firearm by a convicted felon—along with several other charges.
- At a jury trial, Hines was acquitted of the felony murder count based on misuse of a firearm.
- The jury convicted Hines of the felony murder count based on possession of a firearm by a convicted felon and the remaining charges.
- The trial court sentenced Hines to life imprisonment for felony murder.
- Hines filed a motion for a new trial, which the trial court denied.
- Hines, as appellant, appealed his conviction to the Supreme Court of Georgia.
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Issue:
Does a convicted felon's possession of a firearm constitute an inherently dangerous felony sufficient to support a felony murder conviction when the felon, under circumstances creating a foreseeable risk of death, intentionally fires the weapon and accidentally kills another person?
Opinions:
Majority - Fletcher, Chief Justice
Yes. A convicted felon's possession of a firearm can be an inherently dangerous felony that supports a felony murder conviction if the specific circumstances surrounding the possession create a foreseeable risk of death. Georgia does not recognize an inconsistent verdict rule, so the jury's acquittal on one felony murder count does not invalidate its conviction on another. A felony is inherently dangerous if it is dangerous per se or if its commission creates a foreseeable risk of death. Unlike the defendant in Ford v. State, who accidentally discharged a gun he was merely unloading, Hines intentionally fired his shotgun under dangerous conditions. He had been drinking, knew other hunters were in the area, was unaware of their exact location, and took an unsafe shot at dusk through heavy foliage at a target he had not positively identified. These circumstances collectively created a foreseeable risk of death, making his illegal possession of the firearm an inherently dangerous felony sufficient to support the felony murder conviction.
Dissenting - Sears, Presiding Justice
No. The circumstances surrounding Hines's possession of the firearm were not inherently dangerous enough to support a felony murder conviction. For a felony to be inherently dangerous, it must carry a 'high probability' that death will result, not merely a 'foreseeable risk.' Hines's conduct—hunting at dusk after drinking and knowing others were in the area—may have been negligent, but it did not create a high probability of death. His firing was a split-second decision based on hearing a gobble and seeing something 'fan out.' Applying the felony murder rule here equates a tragic accident with intentional acts like arson or armed robbery, imposing a punishment of life imprisonment that is disproportionate to Hines's culpability. A conviction for a lesser offense, such as involuntary manslaughter, would be more appropriate.
Analysis:
This decision clarifies the 'inherently dangerous' felony standard in Georgia, confirming that a fact-specific, 'as-committed' analysis is appropriate for status offenses like felon-in-possession. By adopting a 'foreseeable risk of death' standard rather than the dissent's proposed 'high probability' test, the court broadens the scope of the felony murder rule. This precedent makes it easier for prosecutors to secure murder convictions for accidental deaths that occur while the defendant is engaged in a felony, even if the felony itself is not inherently violent, so long as the surrounding circumstances are sufficiently reckless.
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