Merritt v. State

── Merritt v. State ── Court: Supreme Court of Georgia Date: May 05, 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. S26A0404 Tyler Merritt v. The State On Appeal from the Superior Court of DeKalb County No. 20CR26859 Decided: May 5, 2026 LAGRUA, Justice. Tyler Merritt challenges his convictions for malice murder and other crimes in connection with the shooting death of Wayne Cunningham. 1 Merritt contends that the trial court erred in 1 The crimes occurred on January 26, 2020. On December 1, 2020, a DeKalb County grand jury indicted Merritt for malice murder (Count 1), two counts of felony murder (Counts 2 and 3), armed robbery (Count 4), aggravated assault (Count 5), possession of a firearm during the commission of a felony (Count 6), theft by receiving stolen property (Count 7), possession of cocaine with intent to distribute (Count 8), and possession of marijuana with intent to distribute (Count 9). The theft and drug counts (Counts 7–9) were severed for trial and ultimately nolle prossed. At a trial from December 16 to 19, 2024, the jury found Merritt guilty of malice murder (Count 1), felony murder predicated on aggravated assault (Count 3), aggravated assault (Count 5), and possession of a firearm (Count 6). The jury found Merritt not guilty on the remaining counts. The trial court sentenced Merritt to serve life in prison with the possibility of parole on Count 1 and a consecutive term of five years in prison on Count 6. Count 3 was vacated by operation of law, and Count 5 merged into Count 1. Merritt’s trial counsel filed a timely motion for new trial, and new appellate counsel filed a motion asking that the trial court rule upon the charging the jury on conspiracy. Because there was sufficient evidence to authorize the giving of a jury instruction on conspiracy, there was no error, and we affirm. The evidence at trial, viewed in the light most favorable to the verdict, showed that Cunningham lived in Stone Mountain, worked in “construction,” and had “issues with substance abuse.” He was fatally shot at the Scottish Inn on Wesley Chapel Road in DeKalb County at approximately 4:20 p.m. on January 26, 2020. Surveillance video footage from the Scottish Inn was played at trial, and still photos from the video were also introduced into evidence. The surveillance footage showed that at 3:45 p.m. on January 26, Merritt, Quindarious Gray, 2 and two other men, who were never identified, arrived at the Scottish Inn in a stolen Kia Sorento. 3 A few minutes later, Merritt, Gray, Cunningham, and one of the two unidentified men walked to Room 307, with Merritt unlocking the door; the other unidentified man entered the room less than a minute later. Approximately 30 minutes later, Cunningham ran out of the room and then collapsed in the parking lot; he died as a result of two gunshot wounds to the torso. Approximately two minutes after Cunningham ran out of the room, Merritt, Gray, and the two unidentified men exited the