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Powell v. State

Supreme Court of Georgia

October 21, 2019

POWELL
v.
The STATE.

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[Copyrighted Material Omitted]

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          Superior Court, Dougherty County, Willie E. Lockette, Judge

          Troy Edward Golden, Dougherty Circuit Public Defender’s Office, for the Appellant.

         Patricia 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 Attorney’s Office, Elizabeth Haase Brock, A.D.A., DeKalb County District Attorney’s Office,  for the Appellee.

         OPINION

         Ellington, Justice.

         Appellant Kenneth N. Powell was tried before a Dougherty County jury and convicted of malice murder in the shooting death of Lionel Turner.[1] 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 affirm.

          Viewed in a light most favorable to the verdict, the evidence at trial showed the following. In mid-June 1993, Appellant’s 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

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was carrying a gun in his hand and looked upset.

          During 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.

          When the group reached Davis’s girlfriend’s house, Appellant told a resident to tell Davis that Appellant was "going to get him" because "it wasn’t right how [Davis] did that night when they was fighting." After learning that Davis was not there, the group began walking toward Powell’s aunt’s house. On the way, Appellant saw Turner outside his grandmother’s house, standing on the porch. Appellant began walking toward Turner, and Mimbs and Powell followed.

          Turner’s 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. Turner’s grandmother ran into her house after the first shot. She testified that, before she fled inside, she saw that Appellant and ...


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