Phoenixv.The State
A jury convicted Wright Phoenix of murdering Angela Whitten and obstructing an officer after Whitten placed an emergency call identifying her attacker as “Greyhound,” Phoenix’s middle name. Police found Phoenix near the residence minutes later, carrying Whitten’s phone and gloves and an icepick-type tool bearing her blood. The Supreme Court of Georgia affirmed. Phoenix argued that the trial court should have continued the trial because counsel had inadequate time to prepare after receiving discovery shortly before jury selection. The Court held that he failed to show the diligence and specific prejudice required for a continuance. He did not identify the proposed expert, the expected testimony, or how additional preparation would have changed the defense, and the evidence of guilt was overwhelming. The recorded emergency call, the officer’s observations, Phoenix’s flight, and the matching blood on the gloves and weapon independently supported the verdict. The Court also recognized that the felony-murder count was vacated by operation of law rather than merged into the malice-murder conviction.
Loading published copy…

