The Georgia Supreme Court affirmed the malice murder conviction of Calvin Stapleton on Tuesday, rejecting his appeals based on unsworn bailiffs and ineffective assistance of counsel claims. Stapleton was sentenced to life in prison without the possibility of parole for the April 2017 shooting death of Andre Taylor in Macon.
Presiding Justice Warren delivered the court's opinion in *Stapleton v. The State*, decided Jan. 21, 2026. The case arose from a deadly shooting that occurred on April 3, 2017, when Taylor was killed in what prosecutors alleged was gang-related violence between rival factions in Macon.
A Bibb County grand jury indicted Stapleton in June 2017 on multiple charges including malice murder, felony murder predicated on aggravated assault, aggravated assault, and three violations of the Street Gang Terrorism and Prevention Act. At his jury trial in August 2018, Stapleton was found guilty of malice murder, felony murder, and aggravated assault, but acquitted on the three gang-related counts.
The trial court initially sentenced Stapleton to life in prison without parole for malice murder and merged the felony murder and aggravated assault counts. However, in February 2025, the trial court amended the sentence to recognize that the felony murder count was vacated by operation of law rather than merged.
Stapleton's appeal centered on three primary arguments challenging his conviction and seeking a new trial. First, he contended that the bailiffs at his trial were unsworn, creating a procedural defect that warranted reversal. Second, he argued his trial counsel rendered ineffective assistance by failing to object to the admission of post-incision autopsy photographs and evidence of his prior conviction. Third, he claimed the trial court erred by denying his requested jury instruction on voluntary manslaughter.
The case involved what prosecutors described as gang-related violence between rival groups in Macon. Evidence presented at trial showed that despite belonging to opposing gangs, Taylor held a leadership position within his organization. The specific circumstances of the shooting and the relationship between the victim and defendant formed the core of the prosecution's case.
Stapleton filed his initial motion for new trial in August 2018, shortly after his conviction. Through new counsel, he amended the motion several times, with the most recent amendment filed in November 2024. The trial court denied his motion for new trial in February 2025, prompting Stapleton to file a timely notice of appeal.
The Supreme Court of Georgia docketed the case to its August 2025 term and submitted it for decision on the briefs, indicating the court reviewed written arguments rather than hearing oral arguments. This procedural approach is common in appeals where the legal issues are primarily matters of law rather than fact.
Regarding the unsworn bailiffs claim, the court's affirmation suggests this procedural argument did not meet the standard for reversible error. Courts typically require defendants to demonstrate that such procedural irregularities materially affected their substantial rights or the outcome of the trial.
On the ineffective assistance of counsel claim, Stapleton specifically challenged his attorney's failure to object to certain evidence, including post-incision autopsy photographs and evidence of his prior conviction. To succeed on such claims, defendants must typically show both that counsel's performance was deficient and that the deficient performance prejudiced the defense.
The denied jury instruction on voluntary manslaughter represents Stapleton's argument that the evidence supported a lesser included offense instruction. Such instructions allow juries to consider whether the defendant committed a less serious crime than charged, potentially resulting in reduced penalties.
The Georgia Supreme Court's opinion includes the standard disclaimer that it remains subject to modification through motions for reconsideration under Supreme Court Rule 27, the court's own reconsideration, and editorial revisions by the Reporter of Decisions. The final version will appear in the Advance Sheets for the Georgia Reports and replace any prior versions.
This case reflects broader issues in criminal appeals, particularly regarding procedural requirements for court personnel and the standards for effective assistance of counsel. The court's affirmation maintains Stapleton's life sentence without parole, one of the most severe penalties available under Georgia law.
The decision concludes a lengthy appellate process that began with Stapleton's initial motion for new trial in 2018 and continued through multiple amendments over six years. The case demonstrates the extensive procedural safeguards available to defendants in capital and serious felony cases, even as courts maintain high standards for granting new trials based on claimed procedural defects or attorney performance issues.