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Adkins v. State

Trial counsel's decision not to move to sever the defendant's trial was a matter of trial strategy, since the evidence was stronger against the co-defendants.

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Appellant Kevin Adkins was convicted of malice murder and aggravated assault in the fatal drive-by shooting of Charles Givens, and the firing of his weapon into a crowd of bystanders.1 Appellant’s cousins, Demetric and Marlon Adkins, also participated in the crimes; the three were jointly indicted and tried.2 On appeal, appellant asserts, inter alia, that he was entitled to a severance of defendants, and that he was denied effective assistance of trial counsel. Finding no error, we affirm. In summary, the evidence established that three masked men in a burgundy Delta 88 automobile opened fire in the direction of Givens’ house. Givens was struck and killed while getting into his car; another bystander was injured. Others in the area were forced to take cover in order to avoid the gunfire. One bystander testified that he observed Marlon in the approaching vehicle before Marlon covered his face with a mask.

The day after the shooting, Marlon admitted to a friend that he, Demetric, and appellant had all been responsible for the shooting. The evidence also showed that the three perpetrators had been feuding with several men who were frequent visitors at the home of Givens’ next-door neighbors, and that those visitors were the intended targets of the shooting.3

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