Durham v. State

An eyewitness identified the defendant as the gunman who fatally shot the victim and took his gold necklace.

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A jury convicted Albert Durham of malice murder and other crimes in connection with the shooting death of George McCrary.1 On appeal, Durham contends that the State elicited improper hearsay testimony, the trial court failed to give a complete charge on circumstantial evidence, and trial counsel was ineffective. Because the trial court did not commit reversible error in its evidentiary rulings and jury instructions and trial counsel’s representation was not ineffective, we affirm.

1. The evidence presented at trial shows that the victim, George McCrary, was wearing a gold necklace when he left his house in Columbus on Saturday morning, February 16, 2008. He drove to an apartment on Enoch Drive where Durham’s sister and girlfriend lived. McCrary and Durham were talking in the parking lot when an across-the-street neighbor, Janice Ware, saw Durham shoot McCrary, take his necklace, pull something out of his pocket, and begin running on a path between the apartment buildings. Durham’s cousin was at a car wash one street over from Enoch when she heard a gun shot, went to investigate, and saw Durham running down the road. Two hours later, Ware and her boyfriend watched as Durham got in a green taxicab with his girlfriend and their baby. While in the taxicab, Durham’s girlfriend heard the dispatcher ask the driver who was in the cab. After checking into a motel, Durham grabbed his bag and said he was going to the store to buy cigarettes. He never returned. The medical examiner testified that the victim died from a single gunshot wound, and police found a single nine-millimeter cartridge case next to the victim’s vehicle. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Durham guilty beyond a reasonable doubt of the crimes charged. See Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

Durham v. State

An eyewitness identified the defendant as the gunman who fatally shot the victim and took his gold necklace.

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