Summary
The Supreme Court of Georgia affirmed Kevin Deshawn Lamar’s convictions for murder, aggravated assault, and firearm offenses arising from the shooting death of Rickey McCrae and an altercation with Marc Williams. The court held that the evidence was sufficient, that two similar transactions were properly admitted under Georgia’s former Evidence Code, and that Lamar failed to establish ineffective assistance of trial counsel.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Lamar's convictions.
- Whether the trial court abused its discretion by admitting evidence of two similar transactions under Georgia's former Evidence Code.
- Whether Lamar received ineffective assistance of counsel because counsel failed to object to four prosecutorial comments or questions.
Holdings
- The evidence, viewed in the light most favorable to the verdict, was sufficient for a rational jury to find Lamar guilty beyond a reasonable doubt of the charged offenses.
- The trial court did not abuse its discretion by admitting the two similar transactions because the State offered them for proper purposes, sufficiently established Lamar's commission of the prior acts, and showed sufficient similarities between the prior acts and the charged offenses.
- Lamar failed to establish ineffective assistance of counsel because he did not show deficient performance and resulting prejudice as required by Strickland.
Key quotations
“The proper focus is on the similarities, not the differences, between the crimes charged and the prior acts.” (297 Ga. at 92)
“If an appellant fails to meet his or her burden of proving either prong of the Strickland test, the reviewing court does not have to examine the other prong.” (297 Ga. at 95)
“Ordinarily, a witness may not express his opinion as to an ultimate fact, because to do so would invade the province of the jury.” (297 Ga. at 96)
“The permissible range of closing argument, however, is very wide.” (297 Ga. at 97)
Factual background
McCrae was fatally shot at a barbecue by a man wearing a cap, athletic jacket, and backpack. Shortly afterward, Lamar told Brandon Snow that he had done "some real hot sh-t" and needed a ride, and told Antwan Davis before the shooting that he had to go do something. Days later, during an altercation with Williams, Lamar retrieved and displayed a handgun, which was later determined through ballistic testing to be the weapon used to kill McCrae. Lamar also routinely carried the handgun and wore a backpack.
Procedural history
Lamar was indicted in 2009 for murder-related offenses involving Rickey McCrae and aggravated assault involving Marc Williams. After a jury trial from November 16 through 20, 2009, he was convicted and received a life sentence plus consecutive terms of imprisonment. His motion for new trial was amended after new counsel was retained, denied on March 21, 2014, and the Supreme Court of Georgia affirmed.