Supreme Court of Georgia

Burley v. State

May 31, 2023316 Ga. 796

Summary

The court held that the trial court plainly erred by failing to fully instruct the jury that felony murder and the predicate aggravated assault required proof of Burley's specific intent to kill. Because the evidence overwhelmingly supported an inference that Burley shared that intent, the instructional error did not affect his substantial rights or satisfy the plain-error standard. The court therefore affirmed Burley's felony-murder conviction.