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Gates v. State

The evidence, including two eyewitnesses' testimonies, supported the defendant's convictions for malice murder and various other crimes in connection with the shooting death of a man who sent the defendant's girlfriend a sexually suggestive text message.

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Following a jury trial, Lamar Gates was found guilty of malice murder and various other crimes in connection with the shooting death of Anthony Wilson.1 On appeal, Gates contends, primarily, that the trial court erred in allowing certain evidence to be admitted at trial, including various text messages and other act evidence in violation of the rules set forth in Georgia’s new Evidence Code;2 that the prosecutor engaged in prosecutorial misconduct in his closing argument; and that Gates’s trial counsel was ineffective. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence presented at trial revealed that, on November 30, 2012, police were called to an apartment complex in DeKalb County, where they found Anthony Wilson shot six times and deceased in the parking lot. At the scene, police recovered ten 9-millimeter cartridge casings, all of which were determined to be fired from the same firearm. At the time of the shooting, Gates, a convicted felon, lived in one of the buildings at the apartment complex with his girlfriend, Elizabeth Perticari, who formerly bought marijuana from the victim, Wilson.

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