Denny v. State

The defendant shot and killed the victims when they arrived home unexpectedly while the defendant was burglarizing the first victim's home.

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The appellant, Michael Denny, appeals from his convictions for two counts of malice murder, one count of burglary, and one count of possession of a gun during the commission of a crime.1 On appeal, Denny contends that the trial court erred by admitting evidence of independent crimes, by charging the jury on conspiracy, and by ruling against his claim that he received ineffective assistance of counsel. For the reasons that follow, we find no merit to Denny’s contentions, and affirm his convictions. 1. On the afternoon of January 24, 1990, several neighbors and relatives of Kevin Rainwater noticed a white van parked in his driveway. Later, while the van was still parked at Kevin’s house, they also noticed the vehicles of Joe Rainwater Kevin’s father and George Rainwater Kevin’s brother parked outside the residence with the doors of their vehicles open. Subsequently, the neighbors and relatives noticed that the white van had left Kevin’s residence, but that Joe and George Rainwater’s vehicles were still present. George Rainwater’s wife went to investigate. She discovered that the side door of the residence had been “busted,” and she saw Joe and George Rainwater lying on the living room floor. Joe had been shot twice in the head and George had been shot once, and each victim died from his wounds.

Russell Brown, an acquaintance of Michael and Ricky Denny Michael’s brother, testified that on January 24, 1990, he and the Denny brothers drove around Coweta County, Georgia, in a white van looking for a home to burglarize. According to Brown, who testified at trial, they chose a home that looked empty, that had a long driveway, and that sat “way back” off the road. The home in question belonged to Kevin Rainwater. Brown testified that no one was at the home when they first arrived, but that, subsequently, Joe and George Rainwater unexpectedly came to Kevin’s home; that Michael Denny shot the two victims after making them lay on the floor; and that the group ransacked the house and stole a number of items.

Denny v. State

The defendant shot and killed the victims when they arrived home unexpectedly while the defendant was burglarizing the first victim's home.

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