David William Nations appeals his convictions for malice murder and aggravated battery in connection with the fatal shooting of Jason Cothren and the wounding of Claude Cothren. He maintains that he was denied due process of law because his convictions were obtained by the use of perjured testimony which was not timely disclosed by the State and because his trial counsel rendered ineffective assistance. For the reasons which follow, we affirm.1 The evidence construed in favor of the verdicts showed the following. On January 3, 2007, Jason Cothren “Jason”, his father Claude Cothren “Claude”, Jason’s uncle Clifton Cothren “Clifton”, Claude’s girlfriend Kathy Tanner “Tanner”, and David Nations “Nations” were living together in a mobile home in Towns County. Jason, Claude, and Clifton had been drinking all that day at the mobile home, each consuming about a twelve-pack of beer. At approximately 6:30 p.m., Nations came home and joined them in drinking. Later that night, Jason and Nations got into an argument about a barn building job in which the two were involved. Jason then exhibited anger toward Tanner, and Claude and Clifton asked him to leave, and Jason acquiesced. However, Jason returned and he argued with Clifton, but there was no physical violence between the men. Nations then retrieved a shotgun from underneath a bed and confronted Jason. Jason yelled, “Motherf _ _ _ ers think you’re going to shoot me” Nations responded, “I will if I have to.” Claude interjected, “No you won’t. That’s my son. I’ll handle him.” Seconds later, Nations aimed the shotgun at Jason. Claude exclaimed, “No, no, no. This don’t need to be,” and reached his hand in front of the shotgun in an attempt to shield his son. Nations fired the shotgun, fatally wounding Jason in the head, and in the process, injuring Claude to the extent that Claude’s fingers were partially severed and dangling from his hand. Claude “slung at” Nations, but Nations finished his beer before he “took off” in his pickup truck. He fled to North Carolina where he was arrested that evening and later extradited to Georgia. When Nations was stopped by North Carolina officers, the pickup truck’s headlights, although functional, were not turned on, and Nations had the “very strong” odor of alcohol on his breath, was unsteady on his feet, and exhibited “very slurred” speech; he had blood on his shirt and pants.
1. The evidence was sufficient for a rational trier of fact to find Nations guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.
