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Shaw v. State

The defendant could not show that the trial court's failure to charge the jury on duty to retreat probably affected the outcome of his trial, since the jury was extensively charged on self-defense, including the circumstances in which force in self-defense is justified, the reasonableness of a belief that force is necessary and threats that may lead to such a reasonable belief.

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Anthony Jabbar Shaw was tried by a Cobb County jury and convicted of the murder of Baron Harbin. Following the denial of his motion for new trial, Shaw appeals, contending that the evidence is insufficient to sustain his conviction, that the trial court erred when it failed to charge the jury that one acting in defense of self has no duty to retreat, and that he was denied the effective assistance of counsel. Upon our review of the briefs and record, we find no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Baron and Myra Harbin were married in 2004, had several children, and separated in August 2007. After the separation, Myra lived with Shaw. On June 21, 2009, Baron made arrangements to meet Myra at a gas station to return the children, who had been visiting with Baron. But instead of going to the gas station, Baron drove the children to the apartment that Shaw and Myra shared. When he arrived at the apartment, Baron confronted Shaw and demanded that Shaw leave the apartment and stay away from the children. Shaw then closed the front door of the apartment to Baron and the children, and Baron banged loudly on the door and called for Shaw to come outside.

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