Painter v. State

── Painter v. State ── Court: Supreme Court of Georgia Date: April 21, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0382 Gregory Painter v. The State On Appeal from the Superior Court of Fulton County No. 20SC176843 Decided: April 21, 2026 BETHEL, Justice. Gregory Painter was convicted of malice murder and other crimes in connection with the shooting death of his father, James Painter. 1 On appeal, Painter raises only one argument: that the trial court erred by denying his request to instruct the jury on his sole defense of insanity. Because there was not even slight evidence to support giving the instructions he requested, Painter has failed to establish error, so we affirm. 1 The crimes occurred on April 16, 2020. On November 20, 2020, a Fulton County grand jury indicted Painter for malice murder (Count 1), felony murder (Count 2), aggravated assault (Count 3), and possession of a firearm during the commission of a felony (Count 4). At a November 2024 jury trial, Painter was found guilty on all counts. The court sentenced Painter to serve life in prison without the possibility of parole on Count 1 and a consecutive term of five years on Count 4. The remaining counts were vacated or merged. Painter filed a timely motion for new trial on November 14, 2024, which was later amended. The parties waived a hearing, and the trial court denied the motion, as amended, on September 10, 2025. Painter then filed a timely notice of appeal, and his case was docketed to this Court’s term beginning in December 2025 and submitted for a decision on the briefs.  1. The evidence at trial showed the following. On April 16, 2020, Painter and James began arguing over text messages that Painter had sent to his sister’s friend and that James considered inappropriate. Painter had been drinking and reportedly had a history of mental illness. Painter’s mother heard Painter yelling and came into the living room where Painter and James were arguing, at which point Painter began yelling and directing profanities at her. James then told her to go into the kitchen and told Painter to go upstairs to his room to rest, but Painter continued yelling. Painter’s mother told Painter that he needed to calm down or they were going to call the police. The argument culminated in Painter yelling at James about an affair James participated in a decade earlier before producing a handgun and shooting James in the face seven times, killing him. Immediately following the shooting, Painter’s mother called 911 and asked Painter what he was going to do, to which Painter responded, “Don’t worry, Mom. It’s going to be okay.” Painter then picked up some of the shell casings, went upstairs with the handgun, returned downstairs without the handgun, and went outside to smoke until police arrived. When police arrived, Painter was calm and compliant as they placed him under arrest. Police found multiple shell casi