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Butler v. State

Any inconsistencies in the jailhouse informant's testimony were matters for the jury to resolve.

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Jesse Butler appeals his convictions for malice murder, three counts of armed robbery, aggravated assault, burglary, and possession of a firearm during the commission of a felony in connection with the fatal shooting of Samuel Maurice Tucker, II, the wounding of Shalawn Shellington and the burglary of her residence, and the robbery at gunpoint of Tucker, Octavia Shellington, and Pascal Greene. Butler challenges the sufficiency of the evidence; the admission of certain photographic and other physical evidence; the sufficiency of the State’s showing of alleged similar conduct; the proffer of testimony of a State’s witness on the ground that such testimony was perjured; certain cross-examination by the State; the State’s closing argument; the court’s failure to grant a mistrial because of alleged improper prosecutorial comment; the court’s recharge to the jury; and the effectiveness of trial counsel. Finding the challenges to be without merit, we affirm.1

In the early morning hours of December 5, 1995, Butler and Ricky Swain went to the home of Shalawn Shellington and Greene, a known drug dealer. The men approached Shalawn’s sister, Octavia Shellington, and her friend, Tucker, sitting in a parked car outside the home. Butler asked for a light and then produced a handgun and demanded money. Tucker, who was a soldier, responded that he had only ten dollars. Octavia was pulled from the car, and Tucker was ordered out of the vehicle. Tucker was hit in the head with the butt of a pistol and forced to the ground, and Butler pulled off Octavia’s jewelry. Octavia observed that both of the assailants were wearing dark clothing and masks. The men then forced the couple at gunpoint inside the home.

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