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Durham v. State

The Supreme Court declined to consider the defendant's claim that the trial court violated his Sixth Amendment right to confrontation when it allowed certain statements of the deceased victim to be introduced at trial, as the defendant's only argument before the trial court regarding this evidence was that the statements were inadmissible hearsay.

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Javon Durham was tried by a Bibb County jury and convicted of murder and other crimes related to the killing of Cornelius Baldwin. Durham appeals, contending only that the trial court erred when it allowed the State to introduce certain testimony. Upon our review of the record and briefs, we find no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that, around 3:00 on the afternoon of January 9, 2010, Baldwin and his girlfriend, Sharon Dotson, were preparing to leave Baldwin’s home in Macon so that they could pick up Dotson’s older children from school. Dotson put her two younger children in the backseat of Baldwin’s vehicle. As Dotson got into the front passenger seat, she saw a purple car pull up to the home. Dotson heard a gunshot, and she saw a man get out of the purple car and shoot at Baldwin. Baldwin suffered gunshot wounds to his right arm and chest, with the chest wound involving a puncture of his diaphragm and leaving it difficult for him to speak.

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