Spencer v. State

Chandler v. State, 261 Ga. 402 1991 requires only a detailed pre-trial notice of a defendant's intention to present evidence of the victim's violent acts against third parties in support of a justification claim, not that the trial court hold a hearing on the issue before the trial begins.

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A Fulton County jury convicted Gary Spencer of felony murder and other crimes arising out of the shooting death of rival drug dealer Kenneth Morrell. Spencer appeals, arguing that the trial court erred in failing to hold a pre-trial Chandler hearing, see Chandler v. State , 261 Ga. 402 405 SE2d 669 1991, and failing to ascertain on the record whether he wanted to testify in his own defense. Spencer also argues that he received ineffective assistance of counsel. For the reasons that follow, we affirm.1 1. Viewed in the light most favorable to the verdict, the evidence at trial showed the following. Spencer and the victim sold drugs on opposite corners of an intersection in downtown Atlanta. There had been previous altercations between Spencer and Morrell, and shortly before midnight on August 30, 2006, Morrell crossed the street and initiated a conversation with Spencer. The two men began to argue, and Spencer pulled out a gun and fired multiple shots at Morrell before fleeing on foot. Morrell died from multiple gunshot wounds. Several witnesses to the shooting testified at trial.

A police officer found a large wad of cash in small bills and a cell phone in Morrell’s pocket. He did not find a gun by the body, but a witness testified that after he heard gunfire, he saw someone approach Morrell’s body, empty his pockets of some cash and drugs, pick up a gun that was lying on the ground at his fingertips, and give the gun to an associate of Morrell’s across the street.

Spencer v. State

Chandler v. State, 261 Ga. 402 1991 requires only a detailed pre-trial notice of a defendant's intention to present evidence of the victim's violent acts against third parties in support of a justification claim, not that the trial court hold a hearing on the issue before the trial begins.

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