Felton v. State

Supreme Court of Georgia·Decided September 16, 2025·No. S25A0840·Published

Opinion

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

Decided: September 16, 2025

S25A0840. FELTON v. THE STATE.

LAGRUA, Justice.

Appellant Joseph A. Felton appeals his convictions for malice murder and other crimes related to the beating and stabbing death of his wife, Sheray Felton.1 On appeal, Felton argues that his convictions should be reversed based on the following contentions: (1) Felton’s trial counsel was constitutionally ineffective for failing to request a jury charge on impeachment based on a witness’s bias

for or against a party; (2) in four different instances at trial, the trial court plainly erred by allowing witnesses to testify about testing performed by other individuals and by allowing the admission of the non-testifying individuals’ reports through these witnesses in violation of Felton’s rights under the Confrontation Clause of the Sixth Amendment of the United States Constitution; (3) the trial court plainly erred in permitting the State to introduce evidence of multiple knives found in Felton’s car at the time of his arrest because the State failed to show a connection between the knives and Sheray’s death; and (4) the cumulative harm of trial counsel’s deficiency and the trial court’s errors requires reversal. For the reasons that follow, we affirm Felton’s convictions and sentences.

The evidence presented at trial demonstrates that, on the night of March 14, 2014, Rosanna Mays, Sheray’s mother, and Josten Mays, Sheray’s 20-year-old son, who lived in the Chicago area, were scheduled to fly from Chicago to Atlanta to visit Sheray. Rosanna spoke to Sheray around 8:00 p.m. on March 13 — the night before the scheduled trip — and Sheray sounded “fine.” At 5:00 a.m. the next morning, Felton called Rosanna and told her that “Sheray was sick”; that he “had taken [Sheray] to the hospital”; and that they had returned home. Rosanna asked to speak to Sheray, and Felton told her that “Sheray was sleeping.” A couple hours later, Felton called Rosanna again, and when Rosanna asked to speak with Sheray, Felton told her Sheray was still “resting.” Around 11:30 a.m. on March 14, Rosanna received another call from Felton, and this time, he sounded “very angry and upset” and “was cursing.” Felton told Rosanna he had “looked in Sheray’s email” and “believed that Sheray had a boyfriend” and was cheating on him. Rosanna assured Felton that Sheray loved him and tried to calm him down, and Felton said he “would kill Sheray” if “she got a man” and hung up the phone. 2 Before leaving for Atlanta on the night of March 14, Rosanna

and Josten tried to reach Sheray, but she did not answer her phone

or respond to text messages. Rosanna and Josten landed at the Atlanta airport around midnight on March 14, and while they were “expecting to see [Sheray],” she was not there to meet them and did not answer her phone, which increased their concern “that something had happened” to her.3 They rented a car at the airport and drove to the house Sheray shared with Felton in Henry County (the “Felton residence”), arriving between 3:00 and 4:00 a.m. on March 15. Rosanna and Josten rang the doorbell and knocked on the front and back doors, but no one answered. They also noted that Sheray’s two dogs — who usually had “free reign [sic] of the house” and would start “barking” and “jumping up on the door” when someone came to the house — were not by the door. Instead, the dogs were “whining” somewhere inside the house. After noting that all the doors to the house were locked, Rosanna called the police to

request a welfare check. A police officer arrived around 5:00 a.m., and after checking the house, knocking on the doors, and observing no signs of forced entry anywhere, he advised Rosanna and Josten that he would need to wait “24 hours” prior to entering the home.

Rosanna and Josten waited in the car and continued trying to reach Sheray. While they were waiting, Rosanna received a call from Felton, who said he had “been checking on [Sheray] throughout the night” and she was “fine.” He also said he was at work, but evidence introduced at trial from his employer DHL showed that he had not shown up for his 6:00 a.m. to 6:00 p.m. scheduled shifts on March 14, 15, and 16. Rosanna asked Felton to please hurry to the house, explaining that she and Josten had been there “all night trying to get in the house” and “Sheray ha[d]n’t answered the door.” Felton said he would be home in 15 or 20 minutes. About an hour and a half later, when Felton still had not shown up, Rosanna “called law enforcement again.”

Henry County Police Officer Geoffrey Gravius arrived at the Felton residence around 11:30 a.m. on March 15. Officer Gravius

testified that he was already familiar with this residence because he had previously been dispatched there on January 1, 2014 in response to “a 911 hang up.” According to Officer Gravius, on January 1, he and another police officer arrived at the Felton residence, and after knocking on the door and ringing the doorbell multiple times, they eventually made contact with Sheray, who called for help from an upstairs window. The officers learned that Sheray had attempted to call 911 following a physical altercation with Felton, who prevented her from completing the call and hid the telephone from her. The officers observed “a visible bruise . . . on [Sheray’s] right forearm” and “a small injury to her bottom lip,” which Sheray said occurred when Felton “shov[ed]” a pair of shorts “into her mouth.” The officers observed no visible injuries to Felton.

On March 15, when Officer Gravius arrived at the Felton residence, Rosanna and Josten explained their concerns about Sheray, and Officer Gravius attempted to make contact with someone inside the house without success. Officer Gravius advised

Rosanna and Josten that he could not yet enter the house, as there were no signs of a forced entry.

Rosanna and Josten then decided to force their way into the house to check on Sheray, and Josten broke through one of the back windows with a brick and “climbed inside.” As Josten walked toward the front of the house, he saw a “smashed up TV” in the family room and a “big desk ... blocking the front door,” which he moved to let Rosanna inside. Rosanna and Josten were struck by a “foul odor” in the house and discovered that Sheray’s two dogs and their puppies had been confined — without food or water — to a bathroom and another room downstairs, where the floors were covered with “dog feces and urine.” Upstairs, Rosanna and Josten noticed that the bathtub of the hallway bathroom was full of Sheray’s clothes and other belongings; that there was “another smashed up TV” in the master bedroom;4 and that, in the master bathroom, Sheray’s clothes were all over the floor and inside the bathtub, and the sink

was full of torn up “papers,” including Sheray’s diplomas, Josten’s birth certificate, and Sheray’s Social Security card.

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