[Copyrighted Material Omitted]
Superior Court, Dougherty County, Willie E. Lockette, Judge
Edward Golden, Dougherty Circuit Public Defenders Office,
for the Appellant.
B. Attaway Burton, Deputy Attorney General, Paula Khristian
Smith, Senior Assistant Attorney General, Christopher M.
Carr, Attorney General, Department of Law, Gregory W.
Edwards, District Attorney, Dougherty County District
Attorneys Office, Elizabeth Haase Brock, A.D.A., DeKalb
County District Attorneys Office, for the Appellee.
Kenneth N. Powell was tried before a Dougherty County jury
and convicted of malice murder in the shooting death of
Lionel Turner. Appellant contends that the evidence
was insufficient to sustain his conviction, that the trial
court erred in instructing the jury, and that his trial
counsel provided ineffective assistance. For the reasons that
follow, we find no merit in these claims of error, and we
in a light most favorable to the verdict, the evidence at
trial showed the following. In mid-June 1993, Appellants
cousin, Tony Powell ("Powell"), was allegedly
assaulted by Turner and Stephon Davis. On June 19, Appellant
and Donny Mimbs walked around their neighborhood searching
for Turner and Davis. A witness testified that Appellant had
"a problem" with Turner. Appellant
was carrying a gun in his hand and looked upset.
their search, Appellant and Mimbs crossed paths with Powell
and two other men, who joined the group. Powell asked
Appellant to put the gun away, but Appellant refused.
Appellant told Powell that he was looking for Davis because
Davis and Turner had "jumped on" Powell.
the group reached Daviss girlfriends house, Appellant told
a resident to tell Davis that Appellant was "going to
get him" because "it wasnt right how [Davis] did
that night when they was fighting." After learning that
Davis was not there, the group began walking toward Powells
aunts house. On the way, Appellant saw Turner outside his
grandmothers house, standing on the porch. Appellant began
walking toward Turner, and Mimbs and Powell followed.
Turners grandmother, who was on the porch with Turner,
testified that she saw three men approaching "like they
were mad." Mimbs "reached and got the gun"
from Appellant and shot Turner. Turners grandmother ran into
her house after the first shot. She testified that, before
she fled inside, she saw that Appellant and ...