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Blackshear v. State

Court-appointed counsel's acceptance of fee in violation of the Georgia Code of Professional Conduct did not constitute per se ineffective assistance.

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A jury convicted Travis Blackshear of felony murder in the shooting death of Ronald Lynn Jones.1 Blackshear appeals, contending that his appointed trial counsel was ineffective because he solicited and accepted a fee. Because a violation of an ethical rule does not per se establish ineffectiveness of counsel and because Blackshear has alleged and shown no prejudice, we affirm.

1. The evidence at trial showed that on the evening of May 4, 1993 Blackshear and Jones and two others were together in a rooming house and that Jones had been selling drugs to several customers. Co-defendant DeMorris Marshall arrived late in the evening and said he wanted to purchase drugs.2 Instead of paying for the drugs, however, he grabbed a gun that was sitting on a table and threatened Jones. Jones tried to take the gun from Marshall, and as he and Jones struggled over the gun, Blackshear pulled his own gun and shot Jones in the back of the leg. When Jones turned around, Blackshear shot him twice in the chest, killing him.

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