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Powellv.The State

CourtSupreme Court of Georgia
Docket No.S19A0721
DecidedOctober 21, 2019
Reporter307 Ga. 96
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceJury InstructionsMotion for New Trial
Case Summary

Kenneth Powell was convicted of malice murder after Lionel Turner was shot during a confrontation involving Powell and Donny Mimbs. Witnesses gave differing accounts of who fired the fatal shots, but the evidence also showed Powell was armed, helped search for Turner, and participated in the encounter. Powell argued that Mimbs alone caused Turner’s death and challenged the sufficiency of the evidence, a jury instruction, and trial counsel’s performance. The Georgia Supreme Court affirmed. It held that the evidence authorized the jury to find Powell a party to the murder even if Mimbs fired the shot that caused death. The Court also rejected the instructional and ineffective-assistance claims and found no cumulative prejudice. Justice Peterson concurred in the judgment and wrote separately about the historical meaning of Georgia’s constitutional provision stating that juries judge law and fact, while following existing precedent limiting that provision. The conviction and life sentence therefore remained in place.

Opinion

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