Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kilpatrick v. State

Trial counsel's decision not to object to testimony from the victim's mother that she lost a child to leukemia in 1994 was a matter of trial strategy.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Forrest Lamar Kilpatrick appeals his convictions for murder and aggravated assault.1 We conclude that the trial court erred by instructing the jury that aggravated assault may be committed by either one of two methods when the indictment charged that crime was committed by one specific method. However, having reviewed the record, we determine that there is no reasonable probability that the jury could have convicted appellant of committing aggravated assault in the manner charged to the jury but not alleged in the indictment. Therefore, the erroneous jury instruction is harmless. As for appellant’s claim that he received ineffective assistance from trial counsel, he has failed to show either that counsel was deficient or that he was prejudiced by counsel’s performance. Therefore, we affirm.

The evidence of record, construed most favorably to the jury’s verdicts, was sufficient to authorize rational triers of fact to conclude that on August 3, 1996, the victim, Portia Patterson, sat on the front steps of an abandoned house. With her were her friends Redlace, Lee and appellant’s father, Willie “Moody” Kilpatrick “Moody”. The victim and Moody had been friends for some time and used drugs together. The victim had previously owed Moody some money, but had recently repaid him. Appellant had recently told Redlace that he did not like the victim’s treatment of Moody, and that he would shoot her when he next saw her. As the four friends sat on the steps of the abandoned house, appellant, armed with a pistol, approached them from behind. He then shot the victim in the head, killing her. Upon hearing the shot, the others turned around and saw appellant behind them, holding a pistol. Appellant said, “That’s right, I shot her,” then fled the scene.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements