Loadholt v. State

The 9-year delay between the defendants convictions for murder and two firearms offense and his appeal did not prejudice the appeal as the enumerations raised therein were without merit and there can be no prejudice in delaying a meritless appeal.

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Oliver Loadholt was convicted and sentenced for malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the shooting death of Michael Webb.1 He appeals from the denial of his motion for new trial claiming that he was denied effective assistance of trial counsel, that the trial court erred in instructing the jury, and that he was prejudiced by inordinate delay between conviction and appeal. Finding no reversible error, we affirm. In the days leading up the shooting, Loadholt told his next-door neighbor Bradford Watts and others that he was upset because he learned that the victim had been romantically involved with his Loadholt’s wife and was disseminating that information to co-workers at the roofing company where the victim and he were both employed. Loadholt also told Watts that he planned to get retribution by killing the victim. On the morning of the shooting, Loadholt pawned a television set and received $50; he told the proprietors of the pawn shop: “I needed this $50 to buy some shells; I am going to kill my wife’s boyfriend.” That evening, as the victim was walking toward his apartment, Loadholt approached him, produced a shotgun, and fatally shot him in the chest. Loadholt went directly to Watts’ apartment and announced to his friend that he had just killed the victim. Then Loadholt returned to his own home where he placed a 911 call and gave the same information to the dispatcher. Loadholt was taken into custody and in a custodial statement he told the police that he was angry with the victim and shot him because the victim told people at work that he was in a relationship with Loadholt’s wife.

1. The evidence was sufficient for a rational trier of fact to find Loadholt 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.

Loadholt v. State

The 9-year delay between the defendants convictions for murder and two firearms offense and his appeal did not prejudice the appeal as the enumerations raised therein were without merit and there can be no prejudice in delaying a meritless appeal.

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