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Folston v. State

Defense counsel was not deficient for not making a futile objection to the admission of the co-conspirator's declaration against the defendant in this case involving malice murder and related crimes.

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Following a jury trial, Irving Anthony Folston was found guilty of malice murder, felony murder, and various other offenses in connection with the shooting death of Anthony President.1 On appeal Folston contends, among other things, that the evidence presented at trial was insufficient to support the verdict, inadmissible hearsay was admitted, and that his trial counsel was ineffective. For the reasons that follow, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on May 1, 2008, Folston met with his drug selling partner, Levaughn Marcel Sloans, gave Sloans a silver revolver, and told Sloans that they needed to “handle” a situation. Stephen Smith, who was with Sloans at the time in order to purchase drugs from him, overheard the conversation between Folston and Sloans. Sloans turned to Smith and said “I got something I got to go do; I have to take care of something.” Folston then went with Sloans to look for President, a man who had allegedly stolen drugs and money from Folston in the past. Folston and Sloans drove to a nearby store, where they found President, and Sloans fired at President several times, hitting him in the right side. The bullet traveled through President’s heart, killing him. Another bullet fired from the gun hit the tire of a nearby car in which Taisha Wesley was driving with her three sons. Later that evening, Folston approached Smith and told him “I don’t want you going around talking about what happened earlier today.”

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