Davis v. State

The defendant's trial was not fundamentally unfair because he was not prevented from challenging the evidence at issue.

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Following a jury trial, Nehemiah Davis appeals his convictions for malice murder and possession of a firearm during the commission of a crime,1 contending that his right to due process was violated when the State offered false evidence at trial. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the record shows that, on the night of September 4, 2004, Jermaine Walker the victim was at his grandmother’s house, where he lived, with visiting relatives and friends. The victim exited his grandmother’s home and walked across the street to Antonio Griffin’s parked vehicle. As the victim entered the passenger side of Griffin’s vehicle, witnesses at the victim’s grandmother’s house noticed one or two persons approach and shoot in the direction of Griffin’s vehicle. Deesha Givens, the victim’s cousin, saw Davis shoot the victim, and Brittany McNair saw both Davis and his co-defendant, Joe Nathan Givens, shooting at the car in which the victim was sitting. Both witnesses had known the co-defendants for a long time. Moments before the victim entered the car, his sister, Jameka Walker, observed a white vehicle with dark tinted windows nearby. She observed Davis, who was dressed in a white shirt, and another male exit the vehicle’s backseat and run towards the area where Griffin had parked. Jameka heard, but did not see, shots fired approximately five minutes later. Prior to the shooting, Griffin also observed a white vehicle with dark tinted windows circle the area of the shooting. At one point, the victim’s mother saw Joe Nathan Givens, who is Davis’s brother, exit bushes near her car and enter the passenger side of a white vehicle with dark tinted windows. Joe Nathan Givens was holding a gun at the time. The victim died as a result of multiple gunshot wounds.

Davis v. State

The defendant's trial was not fundamentally unfair because he was not prevented from challenging the evidence at issue.

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