Malice murder

Not to be confused with Felony murder rule.

Malice murder is a criminal offense in the U.S. state of Georgia, committed when a homicide is done with express or implied malice.

Definition

According to Georgia law, express malice is "that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof." Malice is implied when "no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart [AMH]."[1] The offense is similar to first-degree murder in other states.[2]

Notable examples

• Kelly Gissendaner was found guilty of malice murder in 1998 and executed in 2015.[3]
• Members of the FEAR terrorist group were charged with malice murder in 2012.[4]
• Alberto Martinez was convicted of malice murder in 2004 in the murder of Richard T. Davis.[5]
• Stephen Anthony Mobley was convicted of both malice murder and felony murder.[6] He was executed in 2005.
• Justin Ross Harris of Marietta, Georgia, was convicted in November 2016 of malice murder and felony murder in the June 2014 death of his 22-month-old son, Cooper.[7] In June 2022, his murder convictions were overturned.[8][9][10] He was subsequently exonerated of the charges in May 2023.
• Robert Aaron Long pleaded guilty to four counts of malice murder and felony murder in four of the deaths in the 2021 Atlanta spa shootings, and is facing four more counts of malice murder and felony murder in the other four deaths.
• Travis McMichael of Brunswick, Georgia, was convicted in November 2021 of malice murder in the February 2020 murder of Ahmaud Arbery.[2]
• In early February 2021, rapper Silentó was arrested on charges of malice murder and felony murder.
• Tiffany Nicole Moss was convicted in 2019 of malice murder in the 2013 murder of her 10-year old step-daughter, Emani Moss. Tiffany was subsequently sentenced to death.
• Robert Dale Conklin was put to death via lethal injection in 2005 for the 1984 malice murder and dismemberment of his homosexual lover and lawyer George Grant Crooks.
• In 2024, José Antonio Ibarra was sentenced to life imprisonment without the possibility of parole for the felony murder and malice murder of 22-year-old nursing student Laken Riley in Athens, Georgia.

See also

• Murder in Georgia law

References

1. 2014 Georgia Code, § 16-5-1 - Murder; malice murder; felony murder; murder in the second degree, from Law.Justia.com
2. Ortiz, Erik (November 24, 2021). "Why only one defendant in Ahmaud Arbery killing was guilty of malice murder". NBC News. Retrieved November 24, 2021.
3. Shapiro, Emily (September 30, 2015). "Kelly Gissendaner Executed in Georgia After Courts Deny Stay Requests". ABC News. Retrieved September 30, 2015.
4. Bluestein, Greg (2011-12-13). "4 soldiers charged in Ga. killings | The Augusta Chronicle". Chronicle.augusta.com. Retrieved 2015-09-30.
5. "S07A1456. NAVARRETE v. THE STATE" (PDF). Archived from the original (PDF) on May 9, 2009. Retrieved September 30, 2015.
6. "Attorney General Baker Announces Execution Date for Stephen Anthony Mobley | AGO". Law.ga.gov. 2005-02-11. Retrieved 2015-09-30.
7. "Georgia Man Sentenced to Life Without Parole for Son's Death in Hot Car". The New York Times. The Associated Press. 2016-12-05. ISSN 0362-4331. Retrieved 2016-12-06.
8. "Georgia Supreme Court overturns Justin Ross Harris' murder conviction in his son's hot-car death". CNN.
9. "Georgia Supreme Court overturns murder conviction against Justin Ross Harris, whose son died after being left in a hot car for hours". CBS News.
10. "Justin Ross Harris, Georgia man convicted in baby son's hot car death, has verdict overturned". Fox News.