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Shelton v. State

Defense counsel strategically called a witness, who recanted her statement in support of defendant's self-defense claim, because defendant insisted he call the witness and because it allowed the jury to hear the witness's prior statement.

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Keith Shelton was convicted in 2003 of malice murder, aggravated assault, and related offenses for his role in the shooting death of Eddie Coleman and the aggravated assault of Georgia Mae Coleman.1 Shelton appeals, arguing that the evidence was insufficient to sustain his convictions and that he received ineffective assistance of counsel. Finding no merit to these contentions, we affirm the convictions. 1. The evidence presented at trial showed that on July 5, 2003, police responded to a shooting at Georgia Mae Coleman’s residence. Police found Ms. Coleman in the street, wounded and seeking help for herself and her son, Eddie Coleman. Police found Eddie Coleman in the house. He had been shot in the head, and died at the hospital a few days later.

According to multiple witnesses, several people, including Shelton, had been visiting in Ms. Coleman’s front yard earlier that day. Shelton threatened another man, Johnny Ellington, over Ellington’s failure to pay for work that Shelton had performed on a lawn mower. Shelton went to his home, retrieved a rifle and a pistol, and returned to Ms. Coleman’s house. Shelton was angry, and the other people present attempted to persuade him to calm down. Shelton put the rifle in his car but retained the pistol, which was concealed in his boot.

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