Denson v. The State

Summary

The Supreme Court of Georgia affirmed Travis Denson’s convictions for felony murder predicated on possession of a firearm by a first-offender probationer and related offenses arising from the shooting death of Horace Gene Fendley. The court held that trial counsel was not ineffective for failing to object to the prosecutor’s closing arguments because the proposed objections would have been meritless. The court also held that the Edge rule did not require sentencing Denson for involuntary manslaughter rather than the firearm-possession-based felony murder.

Holdings

1. Counsel was not ineffective because the prosecutor's statements, viewed in context, were permissible arguments that the defense theory was unpersuasive and inconsistent with the evidence.
2. The comment was permissible and did not argue that Denson would pose a future danger if acquitted.
3. Denson failed to show that objections to those comments would have been sustained because the comments were supported by the evidence or did not make the asserted improper argument.
4. Edge did not require sentencing Denson for involuntary manslaughter. The rule does not apply when the jury returns verdicts for felony murder and involuntary manslaughter or when felony murder is predicated on possession of a firearm by a first-offender probationer.

Questions Presented

1. Whether trial counsel was constitutionally ineffective for failing to object to three statements made by the prosecutor during closing argument.
2. Whether the trial court was required under Edge v. State to sentence Denson for involuntary manslaughter rather than felony murder predicated on possession of a firearm by a first-offender probationer.

Disposition

affirmed