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McDuffie v. State

The defendant failed to prove his ineffective assistance of counsel claims after he was convicted of malice murder, as he failed to show both deficient performance and resulting prejudice.

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Appellant Eugene McDuffie was convicted of malice murder for the shooting death of Jurrell Clarke.1 On appeal, he contends that his trial counsel provided ineffective assistance and that remarks by the prosecutor during closing argument deprived him of due process. We affirm.2

1. Viewed in the light most favorable to the verdict, the evidence at trial showed the following. Around 9:30 p.m. on August 18, 2004, Clarke was driving in McRae, Georgia, when he spotted Appellant’s Jeep Cherokee and turned to follow it, telling his nephew and his nephew’s friend, who were in the car with him, that he needed to handle some business with Appellant. Appellant parked in front of the home of George Harris and walked up to the front porch, where Harris was talking with Tyler Southerland. Clarke parked behind the Jeep, got out, walked over to Appellant, and said to Appellant that Appellant’s father had taken some merchandise – meaning cocaine – from his backyard and that he wanted it back. Appellant admitted that his father took the cocaine but said that he was not responsible for his father’s actions. Appellant and Clarke then started arguing.

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