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Williams v. State

Threat evidence is admissible to explain a witness's conduct on the stand, even if it is not tied to a defendant, and defense counsel was therefore not deficient in failing to object to admissible threat evidence.

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A jury convicted Moerise Williams of three counts of aggravated assault and possession of a firearm during the commission of a felony. Following the denial of his motion for new trial, he appeals on several grounds, arguing among other things that the trial court erred regarding evidentiary issues and contending that his trial counsel was ineffective. For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict, the evidence showed that shortly after midnight on September 26, 2007, Dantavious Walker drove to a neighborhood convenience store with two friends, Willie Wilson and Greg Hunt. Walker went into the store, Wilson got out to talk to some women, and Hunt dozed in the car. Shortly after Walker got back into the car, a passenger van pulled up in front of the car, and Hunt had a vibe. As he urged Walker to drive off, Hunt saw a rifle barrel come out of the van, followed by a man who looked into the car and went to shooting the car up with an assault rifle. A second man got out of the van and began firing a handgun at the car. Wilson ran from the scene. Hunt dove to the floorboard and Walker drove out of the parking lot in reverse, crossed the street, crashed through a wrought-iron fence, crossed a back yard and another street, and finally crashed into the side of a church building.

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