Rhoden v. State

813 S.E.2d 375
Supreme Court of Georgia·Decided April 16, 2018·No. S18A0116·Published·Cited by 17 cases

Opinion

Hines, Chief Justice.

Following the denial of his motion for new trial, as amended, Tefflon Derron Rhoden appeals his convictions for malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the fatal shooting of Emmanuel Opoku-Afari. Rhoden's sole challenge is that trial counsel was ineffective in two respects: in failing to move for a mistrial based on an alleged admission by the prosecutor of racial and gender discrimination during jury selection, and in not moving for a severance of Rhoden's trial from that of his co-defendant, Tariq Smith. Finding the challenge to be unavailing, we affirm.1

*378 1. At Rhoden's and Smith's trial, Smith was convicted of felony murder and other crimes, and we affirmed in part, vacated in part, and remanded the case for resentencing. Smith v. State , 298 Ga. 357, 782 S.E.2d 26 (2016). In that appeal, we summarized the evidence presented at the joint trial as follows:

Viewed in the light most favorable to the verdict[s], the evidence shows that, on October 12, 2010, Smith sold a television to Opoku-Afari. During the transaction, Smith noticed that Opoku-Afari seemed to have a lot of money, and he devised a plan to rob him. Later that day, Smith discussed his plan with Anthony Norris and ... Rhoden, who agreed to assist Smith with the robbery. Traveling together in Norris's truck, the three men located Opoku-Afari, and they followed him to his apartment in south Fulton County. But when the three men approached Opoku-Afari with guns, Rhoden apparently became afraid that the victim might "try to do something," and he shot the victim in the head before the robbery could take place. The men fled the scene....

Id. at 358 (1), 782 S.E.2d 26. Rhoden does not contest the legal sufficiency of the evidence supporting his convictions. Nevertheless, as is this Court's practice in murder cases, we have reviewed the record and conclude that, construed to support the verdicts, the evidence presented at trial was sufficient to authorize a rational trier of fact to find Rhoden guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

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Rhoden v. State, 813 S.E.2d 375 (Ga. 2018).

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