Jones v. State

── Jones v. State ── Court: Supreme Court of Georgia Date: June 02, 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. S26A0077 Marlon Christopher Jones v. The State On Appeal from the Superior Court of Fayette County No. 2022R-0136 Decided: June 2, 2026 BETHEL, Justice. Marlon Christopher Jones was convicted of malice murder and other crimes in connection with the shooting death of Donnell Hicks. 1 On appeal, Jones argues that the trial court erred in admitting his statements to police and in denying his motion to strike a juror for cause. For the reasons below, Jones’s claims fail. 1. The evidence admitted at trial showed the following. Jones’s wife worked at a local pharmacy and was engaged in an 1 The crimes occurred on May 4, 2022. On May 10, 2022, a Fayette County grand jury indicted Jones for malice murder (Count 1), felony murder (Count 2), and possession of a firearm during the commission of a felony (Count 3). At a jury trial from October 30–November 3, 2023, Jones was found guilty on all counts. The trial court sentenced Jones to serve life in prison without the possibility of parole on Count 1 and five years consecutive on Count 3. The remaining count was vacated by operation of law. Jones filed a timely motion for new trial on November 17, 2023, which he later amended. Following a hearing in December 2024, the trial court entered an order denying the motion, as amended, on April 3, 2025. Jones then filed a timely notice of appeal, and this case was docketed to the term of this Court beginning in December 2025 and submitted for a decision on the briefs. affair with Hicks, the general manager. On the day of the crimes, Jones confronted Hicks in the pharmacy parking lot and shot him repeatedly, killing him. A witness driving by the pharmacy at the time saw a man in a purple shirt shoot a gun twice, walk around in front of a car, and then repeatedly shoot a body on the ground. After shooting Hicks, Jones called 911 and told the dispatcher that he had “just killed a man in front of [the pharmacy],” that he put the gun in the car, and that Hicks “was f***ing [his] wife.” When police arrived at the scene, they arrested Jones, who was wearing a purple shirt, was still in possession of his gun, and had gunshot residue on his hands Text messages recovered from Hicks’s phone established that Jones had recently confronted Hicks with his suspicions about the affair. 2. Jones first argues that the trial court erred by denying his motion to suppress his custodial statements made at the crime scene 2 because, he says, he invoked his right to remain silent and the State failed to prove that he knowingly and voluntarily waived his rights. His arguments fail. 3 Before trial, Jones filed a motion to suppress his statements made to a police officer at the crime scene shortly after his arrest, arguing in relevant part that police officers questioned 2