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Curney v. State

Since the medical examiner's testimony that he classified the victim's death as a homicide did not invade the jury's role in deciding whether the victim's death was intentional or an accident, defense counsel was not deficient for failing to object.

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Darius Jerrod Curney was convicted of felony murder and possession of a firearm during the commission of the felony in connection with the shooting death of Antonio Daniely.1 He claims that his trial counsel was ineffective for pressuring him to sign the indictment after the trial had begun and for failing to move for a mistrial when the medical examiner gave improper testimony. Because the defendant’s trial counsel did not perform deficiently and her actions did not prejudice him, we conclude that Curney was not denied effective assistance of counsel. Therefore, we affirm.

1. The evidence presented at trial shows that Curney walked to the driver’s side of the victim’s car, pointed a semiautomatic handgun at Daniely, and said, “Get out of the car. You think I’m playing with you.” The car jerked forward, a shot was fired, and Daniely turned to his girlfriend, who had formerly dated the defendant, and said, “I’ve been shot.” Looking dazed and shocked, Curney ran to his car, hopped in, and drove off, throwing the gun out the window at the end of the block. Daniely died that afternoon from the gunshot wound in his chest. Three months later, a police fugitive squad located and arrested Curney.

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