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Battle v. State

The trial judge did not err in failing to sua sponte recuse himself from the defendant's case after learning of the defendant's alleged plot to have him killed.

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Appellant Maurice Murray Battle was convicted of the malice murder of Dipak Patel, the aggravated assault of Johnny Owens and Willie Griffin, and other crimes in connection with an armed robbery of a convenience store. Appellant contends that the evidence was legally insufficient to support his convictions; that the trial judge erred in not recusing himself from the case after learning of Appellant’s alleged plot to kill him; and that Appellant’s trial counsel provided ineffective assistance by not filing a motion for recusal of the trial judge. For the reasons that follow, we affirm.1

1. Viewed in the light most favorable to the verdicts, the evidence at trial showed the following. On the night of August 30, 2009, Appellant and two of his housemates, Rashard Harris and Korey Stephens, devised a plan to rob a Chevron gas station and convenience store in Macon. Stephens drove, dropping off Appellant and Harris near the store as manager Dipak Patel and clerk Wendy Patterson were starting to close up for the night. Appellant and Harris entered the store wearing bandanas, head coverings, and gloves to conceal their identities, and Appellant, who was armed with a .22-caliber rifle, shouted that this was a robbery. Harris went around behind the counter with a blue and black book bag while Appellant held Patel, Patterson, and two customers, Johnny Owens and Willie Griffin, at gunpoint.

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