Kelly v. State

Hunstein, Justice.

Osceola Kelly was indicted on charges of murder, felony murder, two counts of kidnapping, and aggravated assault, arising out of the death of Aisha Heard and injuries to Jamina Bolston and Kelly’s co-defendant, William Berry. Following a joint trial with Berry, a jury found Kelly guilty of malice murder and the other related charges. He now appeals from the denial of his amended motion for new trial.

1. Evidence was adduced from which the jury was authorized to find that Kelly and Berry were involved in a “shoot-out” on a playground at an Atlanta public housing complex on the…