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Rhodes v. State

The defendant failed to prove that the State withheld exculpatory evidence from the defense in his trial for murder and other related offenses.

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Appellant Dag Luquinciette Rhodes was convicted of malice murder, felony murder, armed robbery, and possession of a firearm during the commission of a crime, along with other related offenses, in connection with the shooting deaths of Frederick and Yong-Suk Walker.1 Appellant appeals from the denial of his motion for new trial asserting that the trial court erred in failing to find that the State withheld exculpatory evidence from the defense in violation of Brady v. Maryland, 373 U.S. 83 83 SCt 1194, 10 LE2d 215 1963 and Giglio v. United States, 405 U.S. 150 92 SCt 763, 31 LE2d 104 1972. Finding no error, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence shows that the police conducted a welfare check and discovered the victims’ bodies at their home in Evans, Georgia on February 3, 1998, after the couple failed to open their liquor store and check cashing business. The night before the bodies were discovered, appellant and his co-defendants Jimmie Lee Rhodes Jimmie Lee and David Easterling Easterling drove to an area near the victims’ house. While Easterling waited in the car, appellant and Jimmie Lee broke into the victims’ house and demanded money from the couple, who were in bed. After shooting Mrs. Walker, the men were able to obtain money from Mr. Walker before shooting him, too. Thereafter, appellant and Jimmie Lee left the house with the money and were picked up by Easterling. In June 2000, appellant, Jimmie Lee and Easterling were jointly indicted by a Columbia County grand jury and charged with multiple crimes related to the incident. Shortly thereafter, the State filed notices of intent to seek the death penalty against all three men.

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