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Trimble v. State

Following its grant of a new trial, the trial court properly declined to conduct a second Jackson-Denno hearing to consider anew the admissibility of the defendant's custodial statement, since O.C.G.A. § 5-5-48 does not require de novo reconsideration of rulings made prior to the first trial.

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Appellant Mack Trimble was convicted of felony murder and related offenses in connection with the June 2005 shooting death of Cegi Hall. Trimble now appeals, contending the evidence supports a finding of voluntary manslaughter rather than felony murder and asserting several enumerations of trial error and ineffective assistance of counsel. Finding no error, we affirm.1

Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial established as follows. On June 5, 2005, Trimble killed Cegi Hall, his on-again, off-again girlfriend and the mother of his child. On the night of the incident, Trimble and the victim were at a social gathering and began arguing. Witnesses described seeing Trimble and the victim arguing and “tussling” and then hearing gunshots, after which the victim began running away and Trimble fired another shot, knocking the victim to the ground. Trimble walked over to the victim, put the gun to his head, fired a final shot in the air, and ran away. The victim was taken to the hospital, where she died of her injuries.

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