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Bell v. State

An attorney, whom the defendant's mother retained and who acted on his own without consulting with the defendant, did not have the power to invoke the defendant's personal rights.

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Jimmy James Bell, Jr. was convicted of murder, aggravated assault, and weapon possession offenses arising from the shooting death of Richard Macy Weiland.1 On appeal Bell asserts that the trial court erred in admitting his statements to the investigating officers, excluding evidence of the victim’s toxicology report, and refusing certain requested jury instructions. Finding no reversible error, we affirm. The victim drove to the area of East 54th Street and Live Oak in Savannah where he purchased what he believed to be cocaine. Upon learning, however, that the drugs were counterfeit, he became upset and angry about the situation. He returned to the area later in the day. Bell approached the victim’s parked truck and the two exchanged words. After shots had been fired, Bell was observed with a gun in hand running away from the victim’s vehicle. Police found the victim in the driver’s seat of his parked vehicle with his seatbelt fastened. He had been killed by two gunshot wounds to the right chest at close range.

Bell claimed self-defense and testified at trial that Weiland asked him to approach his vehicle; Bell leaned inside to view Weiland’s identification; Weiland grabbed Bell’s jacket while making angry comments about having been sold counterfeit cocaine; and Bell shot Weiland because he feared for his life.

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