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Merritt v. State

Trial counsel's decision not to pursue a motion to suppress evidence taken from the defendant's mobile home without a search warrant was a reasonable strategic decision, given the existence of exigent circumstances at the scene.

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Anthony C. Merritt appeals from his convictions and sentences for malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of the crime of malice murder, in connection with the death of Jerron Jackson. For the reasons that follow, we affirm.1

Construed to support the verdicts, the evidence showed that Merritt and Jackson shared a home in a mobile home park. On the afternoon of July 31, 2011, Timms, who was a neighbor of Merritt and Jackson, heard gunshots, although she did not see who fired them; Jackson approached Timms and asked her to call 911. Soon thereafter, Merritt approached her and said not to call the police as he was a convicted felon. As the two men walked back to their home, they argued; Jackson told Merritt to find another place to stay and Merritt said that if Jackson had a “beef” with him, they could settle it “right now.” A handgun fell from Merritt’s pants, and he retrieved it from the ground. Timms called 911, but the responding sheriff’s deputy was unable to get a response at Merritt’s home.

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