553 S.E.2d 271 | Ga. | 2001
Raymond Jermal Griffin, II was convicted of felony murder in the shooting death of Raymond Slaton.
1. The evidence at trial showed that Slaton and a friend, David Barlow, had been smoking crack cocaine and wanted to buy more. The two drove to Griffin’s neighborhood in Slaton’s truck to buy crack from Griffin. Slaton persuaded Barlow to approach Griffin’s house because Slaton owed Griffin money. When Barlow asked Griffin if he had any drugs, Griffin said he did not. Barlow and Slaton stayed in the neighborhood all day and attempted several times to visit a friend who lived there. In the late evening, Slaton walked to this friend’s house and left Barlow in the truck. When Slaton had not returned, Barlow went to look for him. Barlow encountered Griffin, who told him that he had seen Slaton lying in a nearby alley. Barlow found Slaton shot and lying in the alley as Griffin had described, and Barlow left to call an ambulance. Slaton died the next day. Following arrest, Griffin made several conflicting statements in which he initially denied any involvement in the crime, but ultimately admitted shooting Slaton.
After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Griffin guilty of the crime charged.
2. Griffin’s statements to police were not recorded in any manner; the officers to whom he made the statements testified as to their content. Griffin contends that his trial counsel was ineffective in failing to challenge the admissibility of the statements in a Jackson-Denno
Griffin’s trial counsel testified at the motion for new trial hearing that Griffin informed him that he did make the statements. In the absence of Griffin’s testimony that he did not make the statements, all trial counsel could have done at a pre-trial hearing was cross-examine the officers and challenge their credibility, which he did at trial. Therefore, we conclude that trial counsel was not ineffec
Additionally, in order to establish prejudice, Griffin must demonstrate that, but for his counsel’s error, the statements would have been excluded and, without the statements, the result of the trial likely would have been different.
Judgment affirmed.
The crime occurred January 18, 1999. The grand jury indicted Griffin on March 30,
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
See Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964).
Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984).
Id. at 694.
384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966).