Duvall v. State
290 Ga. 475
| Ga. | 2012Background
- Appellant Bilal Duvall was convicted of malice murder and firearm possession following the shooting death of Silas Carter.
- Witnesses identified Duvall as the shooter; several described the shooter in ways consistent with Duvall.
- Trial evidence was sufficient for a reasonable juror to find guilt beyond a reasonable doubt.
- At trial, Duvall denied having a brother named Ali and offered an alibi; his mother testified she had no son named Ali.
- Prosecutor questioned the mother about Muslim names in an apparent attempt to challenge credibility of her testimony; the court limited the scope of this inquiry.
- Duvall appealed after denial of a motion for new trial; the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct in questioning about Muslim names | Duvall argues the questions inflamed religious prejudice and misled the jury. | State contends questions pursued a relevant issue—credibility of alibi-related testimony. | No misconduct; questions focused on credibility and were handled with curative instruction. |
| Effect of waiver on prosecutorial misconduct and related remedies | Waiver should not bar review of alleged misconduct. | Waiver applies; issues not preserved cannot be raised on appeal. | Even if waived, claims fail on merits; no prejudice shown. |
| Ineffective assistance of counsel for not objecting to Muslim-name questions | Counsel failed to object to potentially prejudicial lines of questioning. | Counsel's objections were timely and merited; other objections would have lacked merit. | No ineffective assistance; objections pursued were reasonable and other objections would lack merit. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard; jury credibility resolves conflicts)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury resolves credibility; evidence viewed in light most favorable to verdict)
- Stephens v. State, 289 Ga. 758 (Ga. 2011) (waiver; preserved issues cannot be raised for first time on appeal)
- Funes v. State, 289 Ga. 793 (Ga. 2011) (ineffective assistance; meritless objections do not render counsel deficient)
