Blackmon v. State

The trial court properly admitted the witness's prior consistent statement on redirect because the defendant implied on cross that the witness's direct testimony was inconsistent with his prior interview with defense counsel.

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A jury found Michael Blackmon guilty of malice murder, armed robbery and aggravated assault, for which crimes the trial court imposed two consecutive life sentences and a consecutive 20-year term of imprisonment. Blackmon’s motion for new trial was denied, and he appeals from the judgments of conviction and sentences entered by the trial court on the jury’s guilty verdicts.1

1. The evidence shows the following: Blackmon and Charlie Stubbins were drinking together in a local nightclub. As William Asante and Labage Bojang were leaving the same club, Blackmon and Stubbins asked for a ride. Bojang agreed, and the four left in his car with Blackmon and Stubbins occupying the backseat. Following directions, Bojang drove down a dirt road into a wooded area. Asante became suspicious, and he instructed Bojang to stop the car. Blackmon and Stubbins exited, as did Bojang. Either Blackmon or Stubbins demanded money from Bojang. When Bojang stated that he had none, Asante heard shots and he fled the car. As he ran, Asante was shot several times. Despite his wounds, Asante reached a nearby residence, and the authorities were alerted. When the police arrived at the scene, they discovered the body of Bojang in a ditch. He suffered multiple gunshots to his chest and abdomen. Blackmon and Stubbins drove away in Bojang’s car, and eventually they went to the home of Blackmon’s cousin who lived nearby. When officers went to the cousin’s residence, they discovered a gun under the sofa where Stubbins had been sleeping. Ballistics testing showed that this was the murder weapon. Police officers discovered Bojang’s abandoned car, the interior having been set on fire. Impressions of shoe prints found near the car matched Blackmon’s shoes. Blackmon led police to a location where stereo speakers removed from Bojang’s car were hidden. Blackmon and Stubbins were indicted jointly, but tried separately. Blackmon presented no evidence, and urges on appeal that the State proved only that he was present when Stubbins actually committed the crimes.

Blackmon v. State

The trial court properly admitted the witness's prior consistent statement on redirect because the defendant implied on cross that the witness's direct testimony was inconsistent with his prior interview with defense counsel.

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