Blount v. State
303 Ga. 608
Ga.2018Background
- On May 9, 2014, after a fight outside a nightclub in Athens-Clarke County, a green Ford Mustang left the scene with Blount as a passenger; shots were fired from the passenger-side window, killing Derrick Merritt and wounding Jamaris Walter.
- Multiple witnesses placed Blount in the passenger seat and observed gunfire from that vehicle; Blount later admitted firing a weapon but claimed self-defense.
- A Clarke County grand jury returned an 11-count indictment charging Blount with malice murder, multiple counts of felony murder and aggravated assault, possession of a firearm by a convicted felon, and related firearm offenses.
- A jury convicted Blount on all counts in October 2015; he received life on malice murder plus additional consecutive terms, with some sentences probated or merged.
- Blount moved for a new trial (amended), raised insufficiency-of-the-evidence and multiple ineffective-assistance claims; the trial court denied relief and the Supreme Court of Georgia affirmed.
Issues
| Issue | Blount's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove malice murder | Evidence did not establish malice/intent; shots were in response to prior gunfire/bottles | Witnesses and crime-scene search showed no provocation; evidence supports implied or express malice | Evidence sufficient; conviction affirmed |
| Juror strikes and juror bias | Trial counsel failed to exhaust peremptory strikes and should have struck jurors with potential connections | Jurors who remained affirmed impartiality; one juror was removed for cause; no prejudice shown | No ineffective assistance; no prejudice shown |
| Indictment disclosure of prior felonies (Count 7) | Trial court reading indictment revealed prior convictions despite stipulation; counsel should have objected | Indictment only named statutory titles; no underlying facts given and convictions not inflammatory | No prejudice; claim fails |
| Counsel’s handling of Blount’s statement and voluntariness | Counsel failed to object to admission and did not inquire into voluntariness | Blount waived Miranda; counsel strategically used the statement (self-defense claim; caliber mismatch) | Claim abandoned for lack of briefing; merits fail in any event |
| Advice not to testify | Counsel told Blount not to testify because of prior felonies; Blount alleges this was unreasonable | Trial court found counsel’s advice strategic; court conducted colloquy and Blount knew right to testify | No deficient performance or prejudice; claim fails |
| State’s closing argument on implied malice; counsel’s objection | State misstated law lowering intent standard; counsel failed to object | Trial counsel did object; court instructed jury correctly; jurors presumed to follow instructions | No ineffective assistance; instruction cured any argument |
| Failure to move for directed verdict on malice murder | Counsel should have moved for directed verdict | Evidence supported conviction, so motion would have failed | Counsel not ineffective for failing to move |
| Failure to pursue plea negotiations | Blount would have pled to manslaughter; counsel failed to negotiate | State controls plea offers; no evidence State would have offered a favorable deal | No prejudice shown; claim fails |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Morris v. State, 301 Ga. 702 (standard for reviewing sufficiency in Georgia)
- Kitchen v. State, 287 Ga. 833 (express and implied malice definitions)
- Romer v. State, 293 Ga. 339 (objective reasonableness standard for counsel performance)
- Simpson v. State, 298 Ga. 314 (juror impartiality and review)
- Wallace v. State, 294 Ga. 257 (prejudice analysis for disclosure of prior convictions)
- Jessie v. State, 294 Ga. 375 (failure to move for directed verdict when evidence suffices)