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Mayberry v. State

Trial counsel's course of pursuing an accidental defense was strategic and reasonable.

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Following a jury trial, appellant Torry Mayberry was convicted of the malice murder of Willie Butts and other related offenses.1 He appeals from the trial court’s order denying his motion for new trial in which he argued that his trial counsel’s performance was ineffective. Finding no error, we affirm. 1. The evidence authorized the jury to find that on the day of the crimes, Mayberry, along with two other men, went to the victim’s home. When the victim answered the door, Mayberry fatally shot him in the head. Although multiple eyewitnesses testified at trial that Mayberry shot the victim in an unprovoked encounter and Mayberry admitted he had the gun in his hand when he approached the victim, he claimed the gun accidently discharged when he put his hands up to deflect a tray thrown at him by the victim.

Construed most strongly in support of the verdicts, the evidence was sufficient to authorize a rationale trier of fact to find proof beyond a reasonable doubt that Mayberry was guilty of the crimes for which he was convicted. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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