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Thompkins v. State

Because the defendant had to admit that he shot the victim to support his justification defense, his trial counsel was not ineffective for addressing that fact in opening statements.

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Aaron Cedric Thompkins III was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jason McDonald. This appeal followed the denial of Thompkins’ motion for new trial.1 Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that on November 21, 1997, Thompkins was on the front porch of a friend’s house in Savannah. McDonald approached on a bicycle with a friend sitting on the handlebars. When Thompkins saw McDonald, he grabbed his gun, which was hidden in a grill on the porch, and began chasing McDonald and his friend. McDonald, also holding a gun, jumped off the bicycle and ran into the street. Thompkins cut through a side street, met McDonald head on, and fired five shots at him. One bullet struck McDonald and killed him. Thompkins fled the scene, disposed of the gun, and escaped to Atlanta.

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