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Duffie v. State

The trial court had discretion to recharge the jury on malice murder and justification without recharging on post-traumatic stress disorder, which defendant relied on in support of his justification defense.

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Appellant Alex Duffie appeals his convictions for malice murder and illegal firearms possession, alleging error in the trial court’s recharge to the jury.1 We conclude that the trial court did not abuse its discretion in limiting the scope of its recharge to only those charges relevant to the jury’s inquiries. Therefore, we affirm.

At trial and on appeal, appellant admits that he shot and killed the victim, Maurice Johnson. At trial, appellant stated that he had been threatened by the victim several times, and that several months before the killing occurred, the victim had shot appellant in the hand. On the night of the killing, appellant encountered the victim at a nightclub, and the victim threatened appellant. Thereafter, appellant saw the victim’s car parked in the parking lot of a fast food restaurant. Appellant approached the car with a bandanna pulled over his face, and pointed his hand at the car as if it were a gun. Appellant then retreated behind a nearby building. Shortly thereafter, appellant again approached the car, this time holding a handgun, and shot the victim twice, killing him.

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