Render v. State
288 Ga. 420
| Ga. | 2011Background
- Render was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime for the shooting death of Lamarcus Walker and wounding of Edward Scott.
- Render had prior law-enforcement employment and a family history surrounding his son's 2006 murder, which influenced his perceptions of Walker.
- Walker and his girlfriend visited Render's home to address protective orders and to dispute Walker's alleged role in Render's son's death; they were unarmed.
- Render discharged a shot into the air, allowed the couple to leave, and later encountered Walker at a DeKalb County store where Render shot Walker multiple times, resulting in Walker's death and a stray bullet injuring Scott.
- Walker attempted to flee; Render fired additional shots while over Walker as he lay dying; no weapons were found on Walker.
- Render challenged the convictions on appeal, asserting ineffective assistance of counsel and arguing misstatements in jury instructions affected the justification defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Render argues evidence proves guilt beyond reasonable doubt. | State contends evidence supports conviction. | Evidence sufficient to sustain convictions. |
| Ineffective assistance—Chandler framework and admissibility | Counsel failed to admit Chandler evidence showing victim's actions to support justification. | Counsel's strategy was reasonable; Chandler evidence not properly admissible here. | No ineffective assistance; Chandler framework not applicable as argued. |
| Ineffective assistance—jury instruction on justification | Counsel should have objected to a misstatement that burden-shifted the justification defense. | Misstatement was a slip of the tongue; overall charge properly instructed. | No reversible error; instruction viewed in context; no prejudice under Strickland. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency of evidence standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (ineffective assistance standard)
- Chandler v. State, 261 Ga. 402 (Ga. 1991) (admissibility of victim's prior acts against third parties for justification)
- Spencer v. State, 287 Ga. 434 (Ga. 2010) (procedural requirements for Chandler-type evidence)
- Strozier v. State, 300 Ga. App. 199 (Ga. Ct. App. 2009) (relevance of victim's prior acts to self-defense)
- Massey v. State, 272 Ga. 50 (Ga. 2000) (OCGA 24-3-2 state of mind admissibility)
- Shadron v. State, 275 Ga. 767 (Ga. 2002) (integrity of jury instruction analysis in ineffective-assistance claims)
- Henderson v. State, 252 Ga. App. 295 (Ga. Ct. App. 2001) (consideration of entire jury charge in ineffective-assistance context)
- Jones v. State, 280 Ga. 205 (Ga. 2005) (Strickland prejudice standard in appellate review)