Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Barner v. State

The Court presumed that trial counsel's decisions were strategic where the defendant did not subpoena trial counsel to testify at the new trial hearing.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Corgie Barner appeals his convictions for malice murder and possession of a firearm while in the commission of a felony, which were in connection with the death of Bobby McDonald.1 For the reasons that follow, we affirm. Construed to support the verdicts, the evidence showed that Barner had prior difficulties with McDonald’s nephew, Joseph. Joseph’s mother and grandmother McDonald’s sister and mother had told Barner to stay away from their house, which was on the same street as Barner’s home. On December 25, 1996, Barner approached another neighbor, Tukes, to ask about Tukes’s car, which was for sale. Tukes had parked his car in front of, or near, the McDonald home. Joseph’s mother told Barner to get away from the McDonald home; Barner responded that he would go where he wished on the street. McDonald, who was visiting from out of town, approached and spoke to Barner, saying that he needed to give respect to McDonald’s sister and mother. McDonald then punched Barner in the face. Punches were exchanged and the two men grappled with each other. Barner removed a pistol from behind his back and struck McDonald with it. The men struggled over the pistol and it discharged, grazing Barner’s neck. Barner gained control of the pistol and McDonald went behind a nearby parked car. Tukes told Barner that he should not shoot McDonald; Barner stated that McDonald shot him with his own gun. Barner approached the parked car, stated to McDonald that McDonald would die that day, and fired at McDonald several times, fatally hitting him once in the chest. Police found eight spent bullet casings at the scene of the shooting; the pistol was not recovered

1. The evidence was sufficient to enable a rational trier of fact to find Barner guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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