Blount v. State

814 S.E.2d 372
Supreme Court of Georgia·Decided May 7, 2018·No. S18A0201·Published·Cited by 14 cases

Opinion

Hunstein, Justice.

*375Corey Antwan Blount was convicted of murder and related offenses arising out of the shooting death of Derrick Lee Merritt, Jr., and the wounding of Jamaris Antrellis Walter.1 On appeal, Appellant contends that the evidence was insufficient to support the convictions and that his trial counsel rendered constitutionally ineffective assistance. Finding no error, we affirm.

1. Viewing the evidence in a light most favorable to the verdicts, the evidence adduced at trial established as follows. On the evening of May 9, 2014, Kisha Pope, Shamilya McClain, Appellant, and his girlfriend, Kiona Detweiler, were exiting Bootleggers, a nightclub in Athens-Clarke County, when a melee erupted in the parking lot. Pope and Detweiler were part of the fray but were eventually pulled from the ruckus and deposited in the back seat of a two-door green Ford Mustang; McClain and Appellant were observed getting into the driver's seat and passenger seat, respectively, before the vehicle drove off. Numerous witnesses testified that, as the green Ford sped away, shots were fired from the passenger-side window into the lingering crowd. The gunfire killed Merritt and severely injured Walter, both of whom were bystanders. When investigators interviewed Appellant, he admitted firing from the fleeing vehicle into the crowd, but he claimed that he did so in response to earlier gunfire and thrown bottles. The jury heard testimony, however, that an extensive "grid" search of the parking lot failed to reveal broken bottles or evidence of shots fired from other weapons.

Appellant argues that there was insufficient evidence of malice or intent. "When evaluating the sufficiency of evidence, the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt." Morris v. State, 301 Ga. 702, 704, 804 S.E.2d 42 (2017) (citing Jackson v. Virginia, 443 U. S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ). " 'This Court does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury's assessment of the weight and credibility of the evidence.' " (Citation omitted.) Hayes v. State, 292 Ga. 506, 506, 739 S.E.2d 313 (2013).

" 'In Georgia, the crime of malice murder is committed when the evidence shows either an express or, in the alternative, an implied intent to commit an unlawful homicide.' " (Citation and punctuation omitted.)

*376Kitchen v. State, 287 Ga. 833, 834, 700 S.E.2d 563 (2010). "Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof[,]" and malice may be implied "where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart." OCGA § 16-5-1 (b). "It is for a jury to determine from all the facts and circumstances whether a killing is intentional and malicious." White v. State, 287 Ga. 713, 715 (1) (b), 699 S.E.2d 291 (2010). Here, the jury heard testimony that, after his girlfriend had been involved in a large-scale physical altercation in the club's parking lot, Appellant-who was a convicted felon-fired a weapon into the lingering crowd as he was leaving, killing Merritt. As discussed above, the State also adduced testimony that nothing found at the scene suggested that Appellant had been provoked or attacked with guns or bottles.

Accordingly, the evidence as summarized above was sufficient to authorize a rational trier of fact to conclude beyond a reasonable doubt that Appellant was guilty of the crimes of which he was convicted, see Jackson v. Virginia, supra, and this argument is without merit. 2. Appellant also argues, as he did below, that trial counsel was ineffective in a number of ways. To establish ineffective assistance of counsel, a defendant must show that his trial counsel's performance was professionally deficient and that, but for such deficient performance, there is a reasonable probability that the result of the trial would have been different. Strickland v. Washington, 466 U. S. 668 (III), 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) ; Wesley v. State, 286 Ga. 355 (3), 689 S.E.2d 280 (2010). To prove deficient performance, one must show that his attorney "performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms." Romer v. State, 293 Ga. 339, 344, 745 S.E.2d 637 (2013).

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Blount v. State, 814 S.E.2d 372 (Ga. 2018).

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