549 S.E.2d 65 | Ga. | 2001
John Stanton was convicted of malice murder, hindering the apprehension of a criminal, and possession of a firearm during the commission of a felony but acquitted of armed robbery in connection with the shooting death of his father-in-law, Thurman Martin.
1. The evidence presented at trial shows that co-defendant Billy
2. An appellate court may vacate a conviction that is void as a matter of law.
3. Stanton contends that his trial counsel was ineffective in failing to call witnesses, adequately cross-examine each witness, investigate the crime scene, move for a change of venue, and move for a continuance based on the defendant’s poor health. The record shows that trial counsel received discovery from the state, including photographs and diagrams of the crime scene; met with his client several times; interviewed potential witnesses for the defense; and interviewed every witness on the state’s list. At trial, defense counsel called six witnesses to testify, including the defendant, and cross-examined five of the six witnesses for the state. At the motion for new trial, Stanton’s trial counsel explained that he did not file a motion for a change of venue because he thought the community’s
4. Having reviewed the remaining enumerations of error, we find Stanton has provided no factual support for his allegation that the jury pool was tainted due to prejudicial pre-trial publicity or juror misconduct. Furthermore, we conclude that the trial court did not err in failing to sever Stanton’s trial from Crowder’s after Stanton withdrew his motion to sever or in failing to order a change in venue to another county on the court’s own motion.
Judgment affirmed in part and reversed in part.
The shooting occurred on May 18 or 19,1997, and the body was found on July 3,1997. Stanton was indicted on March 2, 1998. The jury returned its verdict and the trial court sentenced him on July 16, 1998. Stanton filed a motion for a new trial on August 14, 1998, which was denied on November 20, 2000. Stanton filed a notice of appeal on November 30, 2000. The case was docketed in this Court on January 11, 2001, and submitted for decision on March 5, 2001.
See Crowder v. State, 241 Ga. App. 818 (527 SE2d 901) (2000) (affirming convictions for voluntary manslaughter, armed robbery, and hindering apprehension of a criminal).
See Jordan v. State, 272 Ga. 395 (530 SE2d 192) (2000) (affirming conviction for malice murder as a party to the crime).
See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
See State v. Freeman, 272 Ga. 813 (537 SE2d 92) (2000).
See Moore v. State, 240 Ga. 210 (240 SE2d 68) (1977).
See Jordan, 272 Ga. at 396-397; see Thaxton v. State, 184 Ga. App. 779 (362 SE2d 510) (1987).
See OCGA § 17-7-150 (b).