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Deloatch v. State

The defendant failed to prove his claim that defense counsel was deficient in not discovering two witnesses, who allegedly would have undermined the credibility of a third witness, who testified that the defendant made an incriminating admission regarding the victim's death.

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Donald Deloatch was tried by a Fulton County jury and convicted of the murder of Jermaine Bowlds. Deloatch appeals, contending only that he was denied the effective assistance of counsel. We find no merit in this contention, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Bowlds was in the business of selling marijuana, and Deloatch was his customer. On December 5, 2005, Bowlds was carrying approximately $1,000, and he told Terry Turner—an acquaintance of both Bowlds and Deloatch—that he planned to speak later with Deloatch about giving up the distribution of marijuana and dealing in cocaine instead. That evening, around 10:45 p.m., Bowlds left the apartment that he and his girlfriend shared, telling her that he would return shortly. About twenty minutes later, his body was discovered on Ono Road, near its intersection with Wilkerson Mill Road, just outside the City of Palmetto. Bowlds had been shot in the face at close range. His car was found—with a shattered window and blood spatter on the driver’s seat—in the parking lot of the Pinegrove Apartments in Palmetto. The money that Bowlds had been carrying earlier in the day was not found on his body or in his car.

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