Allen v. State

Summary

The Supreme Court of Georgia affirmed Allen's felony murder conviction, holding that the trial court properly denied his pretrial immunity claim under OCGA § 16-3-24.2 because the video evidence authorized the finding that the victim had lowered his gun before Allen shot him, and the court was not required to credit Allen's self-serving testimony. The evidence was sufficient to support the conviction, as the jury could reject self-defense based on testimony that Allen threatened the victim and video showing the victim lowered his weapon. Any error in limiting defense counsel's closing argument by preventing him from reading the jury charge on self-defense was harmless because the court later gave the same instructions. Allen's ineffective assistance claims failed for lack of prejudice (mental health evaluation, video expert, missing witness) or were not preserved (directed verdict motion).

Questions Presented

1. Whether the trial court erred in denying Allen's motion for immunity from prosecution based on self-defense.
2. Whether the evidence was sufficient to support the felony murder conviction.
3. Whether the trial court erred by limiting defense counsel's ability to argue the law of self-defense in closing argument.
4. Whether trial counsel was ineffective in several respects: failing to obtain a mental health evaluation, failing to secure a videography expert, failing to meet with or subpoena a witness, failing to object to the trial court's interruption of closing argument, and failing to timely move for a directed verdict.