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Nixon v. State

The defendant shot the victim twice in response to a heated argument.

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Marshall Leon Nixon was convicted of malice murder in the shooting death of Richard Griffin. He appeals from the denial of his motion for new trial1 asserting that he received ineffective assistance of trial counsel. Finding no error, we affirm. 1. All the eyewitnesses to the crime testified that in response to a heated argument between Nixon and Dasher, the victim approached Nixon with his hands up in the air and palms open outward while urging Nixon to cool down. When the victim continued to approach after Nixon told him to stop, Nixon shot him once in the stomach. After the victim fell over onto the fender of a truck, Nixon shot him again in the left eye. Both shots inflicted fatal wounds. Nixon then fled the scene in his own vehicle and went to his mother’s home, where he claimed that the victim intended to attack him and was reaching for his back pocket where he was known to keep a knife. No witness observed the victim with a weapon.

The evidence was sufficient to authorize a rational trier of fact to find Nixon guilty beyond a reasonable doubt of malice murder. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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