Hunt v. State, 288 Ga. 794

708 S.E.2d 357 (2011) · Supreme Court of Georgia · March 18, 2011 · No. S10A1492

Summary

The Supreme Court of Georgia affirmed Malaika Minyon Hunt’s convictions for malice murder, financial transaction card theft, and theft by taking arising from the shooting death of Vernon Alderman. The court rejected her Batson challenge, upheld admission of evidence concerning a prior handgun theft, and concluded that trial counsel’s failure to record voir dire did not result in ineffective assistance because Hunt failed to establish prejudice.

Holdings

  1. The trial court did not clearly err in finding that the State's articulated reasons for striking Juror Number 5 were race-neutral and not pretextual.
  2. The trial court did not abuse its discretion by admitting evidence that Hunt previously stole a 9-millimeter handgun from her aunt and lied to police about it.
  3. Hunt failed to establish ineffective assistance because she did not demonstrate prejudice from counsel's decision not to have voir dire officially recorded.

Questions Presented

  1. Whether the trial court clearly erred in rejecting Hunt's Batson challenge to the State's peremptory strike of an African-American venireperson.
  2. Whether the trial court abused its discretion by admitting evidence of Hunt's prior theft of her aunt's handgun as a similar transaction.
  3. Whether trial counsel was ineffective for failing to have voir dire recorded by a court reporter.

Disposition

affirmed

Cases Cited (17)

  • Batson v. Kentucky, 476 U.S. 79 (1986)(followed)
  • Woolfolk v. State, 282 Ga. 139, 142(3), 644 S.E.2d 828 (2007)(followed)
  • Rose v. State, 287 Ga. 238, 241(1)-(2), 695 S.E.2d 261 (2010)(followed)
  • Barnes v. State, 269 Ga. 345, 349-350(6), 496 S.E.2d 674 (1998)(followed)
  • Williams v. State, 261 Ga. 640, 642(2)(b), 409 S.E.2d 649 (1991)(followed)
  • Moore v. State, 288 Ga. 187, 190(3), 702 S.E.2d 176 (2010)(followed)
  • Barnes v. State, 287 Ga. 423, 426(3), 696 S.E.2d 629 (2010)(followed)
  • Brown v. State, 201 Ga. App. 473, 474(2), 411 S.E.2d 360 (1991)(followed)
  • Strickland v. Washington, 466 U.S. 668 (1984)(followed)
  • Futch v. State, 286 Ga. 378, 380(2), 687 S.E.2d 805 (2010)(followed)

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