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Durdenv.State

CourtSupreme Court of Georgia
Docket No.S13A0026
DecidedJune 3, 2013
Reporter293 Ga. 89; 744 S.E.2d 9; 2013 Fulton County D. Rep. 1704; 2013 WL 2371806; 2013 Ga. LEXIS 485
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceJury SelectionJury InstructionsSentencingMergerIneffective Assistance of CounselProsecutorial MisconductVacaturRemand
Case Summary

A jury convicted Shinderen Durden of malice murder and related crimes after Shannon King was shot in a house where Durden and King had lived. Durden told the children present that King had shot herself, drove her to a hospital instead of calling emergency services, and discarded the gun. The Supreme Court of Georgia held that the evidence supported the convictions and that Durden’s statements were voluntary because he was not in custody during the hospital and police-station interviews. The court rejected challenges to a juror, the jury instructions, the prosecutor’s closing argument, and several ineffective-assistance claims. It held, however, that the aggravated assault merged into the murder conviction because both offenses arose from the same act without a deliberate interval. The separate aggravated-assault sentence was therefore vacated. The court also held that the State had not competently proved enough prior convictions to impose felony punishment for tampering with evidence; that sentence was vacated and remanded for resentencing as a misdemeanor. The murder and other convictions and sentences remained affirmed. The judgment was affirmed in part, vacated in part, and remanded for resentencing.

Opinion

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