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Morgan v. State

A prayer given prior to jury selection was not a per se violation of the defendant's constitutional right to a fair and impartial jury.

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Appellant Jamie Ray Morgan was convicted of malice murder in the April 18, 2000, shooting death of Jeremiah Anderson in a Gilmer County fast-food restaurant. He was also found guilty of possession of a firearm during the commission of a crime, possession of marijuana with intent to distribute, and two counts of witness intimidation.1 He appeals the judgment of conviction, contending that a number of legal errors were committed by the trial court and that he was denied effective assistance of counsel. We disagree and affirm.

1. Eyewitnesses saw appellant shoot the victim in the head, then stand over the fallen victim and shoot him in the head again. Stippling surrounding the entrance wounds established that both shots were fired from a distance of less than one foot. Appellant claimed he shot the victim because he had been told the victim had threatened to kill appellant and appellant believed the victim was carrying a weapon under his rolled-up jacket. No weapon was found, witnesses saw no weapon in the victim’s hands, and witnesses testified the victim carried the rolled-up jacket under his arm like a football, and not draped over his hand as appellant asserted. In a post-arrest statement to a GBI agent, appellant admitted having shot the victim and having tossed the weapon out the car window. With appellant’s help, the agent found the weapon and a firearms expert testified the gun recovered was the weapon that had fired the bullets removed from the victim’s head.

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