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Hale v. State

Defense counsel was not deficient for failing to procure a psychiatric evaluation or challenge defendant's competency to stand trial, despite defendant's heart condition and diabetes, since defendant's own expert testified that he was not incompetent at trial and knew the difference between right and wrong when he shot the victim.

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Appellant Daniel Hale was convicted of murder and possession of a firearm by a convicted felon arising out of the murder of Charles Crowe and sentenced to life in prison.1 He contends that his trial counsel was ineffective and that the trial court erred by not charging the jury on voluntary manslaughter. Finding no reversible error, we affirm.

1. The jury was authorized to find that on the morning of the murder the victim repossessed appellant’s car and took it to Atlanta Locators. Appellant went to Atlanta Locators and asked to retrieve his belongings from the car. The owner of Atlanta Locators asked the victim to watch appellant remove his belongings. After appellant carried items from his car and placed them in another vehicle, he retrieved a gun and fatally shot the victim twice in the back of the head and once in the shoulder. Appellant contended at trial that he shot the victim because he believed the victim was about to assault him.

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