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Poellnitz v. State

A prior inconsistent statement of a witness who takes the stand and is subject to cross-examination is admissible both to impeach the witness and as substantive evidence.

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Following a jury trial, Joseph Leroy Poellnitz, Jr., was found guilty of malice murder, felony murder, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony.1 On appeal, Poellnitz contends that the trial court made a number of improper evidentiary rulings and that he received ineffective assistance of counsel. For the reasons set forth below, we affirm.

1. In the light most favorable to the verdict, the record shows that, on August 4, 2009, Alpha Lorenzo Booker was shot and killed. The day before the murder, Poellnitz, Booker, and Maisha Wright, who has two children with Poellnitz, were running errands. Afterwards, Poellnitz and Booker took Wright to the apartment complex where she and Poellnitz lived. Poellnitz and Booker then left together, and, later that night, Poellnitz returned in an agitated state. Poellnitz went outside, and Wright followed. Booker jumped out of his truck and onto a red car where he smashed the windshield with his foot. At that point, Wright witnessed Poellnitz pull out a gun and shoot Booker. Poellnitz immediately drove away in his green Ford Expedition. Police later received multiple tips that a green Ford Expedition had been seen leaving the apartment parking lot shortly after the shooting. Those tips were corroborated by the security cameras.

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