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Tanner v. State

The trial court properly admitted a photograph of defendant posing with a gun to challenged his testimony that he did not normally carry a gun.

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Michael Tanner was found guilty of malice murder and felony murder and he was sentenced to life imprisonment.1 He appeals from the denial of his motion for new trial.

1. The evidence at trial established that on the night of February 18, 1998 a fight broke out between Tanner and the victim, Lysander Dukuly, about whether Tanner had burglarized Dukuly’s apartment. During the exchange, Tanner shot Dukuly with a nine millimeter semi-automatic pistol causing Dukuly to fall to the floor. Tanner proceeded to circle Dukuly’s body and fired nine more shots directly into Dukuly while he lay immobilized. Dukuly was hit in the hands, spinal column and legs and expert testimony established that Dukuly died as a result of the multiple gunshot wounds which created internal bleeding. Tanner left the scene but two months later turned himself into police. In his testimony at trial Tanner claimed that Dukuly accused him of stealing, and that he shot in self-defense after the victim beat him and pulled a gun. The police did not recover a gun from the scene and an eyewitness to the incident testified that Dukuly was unarmed.

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