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Radford v. State

Trial counsel was not deficient for strategically deciding to present a justification defense, rather than presenting evidence that Radford suffered from paranoid schizophrenia

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Appellant Frederick Lee Radford was convicted and sentenced for felony murder and possession of a firearm during the commission of a crime. This appeal follows the denial of appellant’s motion for new trial.1 We affirm. 1. On February 3, 2005, appellant and a companion were walking through a Wendy’s parking lot, when they were approached by the victim, Anthony Hicks. A brief argument ensued, and in the course of this argument, appellant drew a gun and fired shots —two of which struck the victim in the chest and killed him. Appellant left the parking lot and went to a hotel across the street, where he was later apprehended by police. Appellant told police that he did not have his gun and that it was in the trash. Police subsequently found appellant’s weapon in a trash receptacle across the street. Two eyewitnesses informed police that they observed the shooting and both identified appellant as the shooter.

We find this evidence sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt of felony murder and possession of a firearm during the commission of a crime. See Jackson v. Virginia , 443 U.307 99 SC 2781, 61 LE2d 560 1979.

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