McFarland v. State

── McFarland 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. S26A0403 Travis McFarland v. The State On Appeal from the Superior Court of Troup County No. 22R0639 Decided: April 21, 2026 ELLINGTON, Justice. A Troup County jury found Travis McFarland guilty of fel- ony murder and other crimes in connection with the shooting death of James Ponder. 1 McFarland contends the evidence was 1 The crimes occurred on February 9, 2022. On September 7, 2022, a Troup County grand jury indicted McFarland for violating provisions of the Street Gang Act (Counts 1 and 2); felony murder (predicated upon aggravated assault with a deadly weapon) (Count 3); aggravated assault with a deadly weapon (Count 4); felony murder (predicated upon criminal attempt to commit armed robbery) (Count 5); criminal attempt to commit armed robbery (Count 6); and possession of firearm during the commission of a felony (Count 7). After a trial that commenced on September 26, the jury found McFarland guilty on all counts. On October 5, 2022, the trial court sentenced McFarland to serve life in prison for felony murder (Count 3) and merged the conviction for aggra- vated assault (Count 4) into the Count 3 felony murder conviction, while the remaining felony murder conviction (Count 5) was vacated by operation of law. The court then imposed a 20-year prison term for each violation of the Street Gang Act, with the sentence for Count 1 to run consecutive to his life sentence under Count 3 and his sentence for Count 2 to run consecutive to his sentence for Count 1; a 30-year prison term for his criminal attempt to commit armed insufficient to support his convictions for violating the Street Gang Terrorism and Prevention Act (the “Street Gang Act”), OCGA § 16-15-1 et seq. He also contends the trial court erred in refusing to give McFarland’s requested jury instruction on justi- fication and that his trial counsel provided constitutionally inef- fective assistance. As explained below, we discern no reversible error. Viewed in the light most favorable to the jury’s verdicts, the evidence showed the following. On February 9, 2022, Ponder made arrangements through McFarland’s cousin to buy a hand- gun and some marijuana for $250. At around 8:00 p.m., Ponder and his friend, Trevor Sturkie, drove to 909 Troup Street in Troup County to meet the seller. Ponder drove his Honda Civic, and Sturkie sat in the passenger seat. Upon arriving, as Ponder was getting out of his car, Sturkie observed a car slowly passing by them. The passenger in that car was peering at them through his open window. Ponder went to the house at 909 Troup Street, but returned without having completed the transaction. Two men accompanied Ponder as he returned to his car. As Ponder got in the driver’s seat, the two men, one of whom was later identified as McFarland, got in the back. Ponder told Sturkie that he was “going to give [the men] a ride down the street.” Sturki