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Wallace v. State

A witness's testimony about a conversation her boyfriend had with the defendant on the afternoon after the murder was admissible as an adoptive admission, since the defendant affirmatively acknowledged during the conversation that the inculpatory statements were true.

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Antoine Wallace was convicted of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony, in connection with the shooting death of Danielle Curney.1 On appeal, Wallace asserts that the trial court improperly admitted certain hearsay testimony, and that the evidence was constitutionally insufficient. Finding no error, we affirm. Curney was shot and killed while sitting in his car at his girlfriend’s apartment complex. Two eyewitnesses were seated in the front seat of a van parked nearby. Both witnesses observed Wallace approach their vehicle and walk around it. It was broad daylight and they were able to observe him closely from a distance of about two feet. When they saw Wallace draw a pistol from his waistband, the witnesses crouched down in their seats. Immediately thereafter, they heard multiple gunshots. One witness observed a single perpetrator run from the scene. The police arrived to find the victim slumped over in his bullet-ridden car. Both eyewitnesses gave them a description of the shooter. Within hours of the shooting, the two eyewitnesses independently identified Wallace as the perpetrator from a photographic lineup.

Previously, Wallace had had an intimate relationship with Curney’s girlfriend. Two months before the shooting, Wallace boasted to Curney that, “Yeah, I had your girl.” Curney responded by beating Wallace.

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