Shelnutt v. State

Defense counsel's decision not to request charges on reckless conduct and assault did not amount to ineffective assistance since the lesser included offenses were inconsistent with the defendants' claims that they were not at the crime scene when the victim was assaulted.

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A jury found Rodney Shelnutt and his brother, Joe Shelnutt, guilty of aggravated assault. Arguing that the evidence was legally insufficient to support the verdicts and that their trial counsel was ineffective in several particulars, they appeal from the judgments of conviction entered upon the jury’s verdicts.

1. The Shelnutts challenge the sufficiency of the evidence to support their convictions, arguing each had an alibi and there was no physical evidence supporting the verdicts. On appeal, this court does not weigh the evidence or determine the credibility of witnesses. Rather, we determine if the evidence is legally sufficient by deciding whether, viewed in a light most favorable to support the verdict, a rational trier of fact could find all the essential elements of the crimes charged beyond a reasonable doubt.1 Viewed in this light, the evidence presented at trial shows that the victim went to sleep in a car outside his son’s residence. His son, Donnie Queen, and Donnie’s girlfriend, Abbey Daniel, were involved in a domestic dispute. Rodney and Joe Shelnutt, brothers of Abbey Daniel, approached his car and woke him by yelling, cursing and threatening him. Rodney Shelnutt had a shotgun and shot into the victim’s car. At least one shotgun blast hit the car and pellets fell on both sides of the victim. Joe Shelnutt had a pistol which he shot at least twice. Although it was night, the victim clearly saw the actions of Rodney and Joe Shelnutt because the street was well-lit. The victim left the scene after the assault, and later showed a police officer the damage done to the car.

Shelnutt v. State

Defense counsel's decision not to request charges on reckless conduct and assault did not amount to ineffective assistance since the lesser included offenses were inconsistent with the defendants' claims that they were not at the crime scene when the victim was assaulted.

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