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Allen v. State

Supreme Court of Georgia

March 27, 2015

ALLEN
v.
THE STATE

Page 825

[Copyrighted Material Omitted]

Page 826

Murder. Clayton Superior Court. Before Judge Benefield.

Stanley W. Schoolcraft III, John W. Kraus, for appellant.

Tracy Graham-Lawson, District Attorney, Elizabeth A. Baker, Kathryn L. Powers, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Christian A. Fuller, Assistant Attorney General, for appellee.

HINES, Presiding Justice. All the Justices concur.

OPINION

Page 827

Hines, Presiding Justice.

Miles Jonathan Allen appeals from his convictions and sentences for malice murder, aggravated assault, kidnapping, and false imprisonment, all in connection with the death of Carlnell Walker. For the reasons that follow, we affirm.[1]

Construed to support the verdicts, the evidence showed that Keith Roberts contacted Allen, as well as Breylon Garland and Theodore Holliman, about retaliating against Walker for disrespecting Roberts, and to get some money that Roberts believed Walker owed him. They went to Walker's home and broke in; Walker was not home, and Allen and Holliman waited for him while Roberts and Garland went to a store. Walker arrived: Allen struck him in the face, knocking him down, and Holliman bound him. When the other men returned, the four beat, stabbed, and tortured Walker; despite their demands, Walker said that he did not have the money that his attackers sought. The four then placed the bound and gagged Walker in the trunk of his car in the garage; he was still alive. Roberts and Holliman drove away, leaving Allen and Garland behind; shortly thereafter, Allen and Garland walked to a gas station to get a ride from a friend.

After Walker's mother had not heard from him in two weeks, a Clayton County police officer went to Walker's home on July 8, 2006, and found furniture upended, blood splatters on the walls, and Walker's decomposing body in the trunk of his car. Walker had been [296 Ga. 786] beaten, stabbed, bound, and placed in the trunk of the car. Allen's bloody palm print was recovered from Walker's hallway walls, and Allen's jeans were also found in the home, stained with Walker's blood. Walker died of hyperthermia from being left in the car.

Holliman testified for the State at Allen's trial. In his own defense, Allen testified that he was at the crime scene and participated in the violence against Walker, but only because he feared Roberts, who, during the ...


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