Nations v. State
Annotate this CaseDefendant appealed his conviction for malice murder and aggravated battery in connection with the fatal shooting of a victim and the wounding of another. On appeal, defendant maintained that he was denied due process of law because his convictions were obtained by use of perjured testimony which was not timely disclosed for the State and because his trial counsel rendered ineffective assistance. The court held that there was no showing that any perjury actually occurred or that the witness at issue was ever charged with or convicted of perjury. Even assuming that the witness had perjured himself on the stand, it could not be said that the guilty verdicts and consequent judgments could not have been obtained without such evidence inasmuch as there was testimony from other witnesses at the crime scene portraying defendant's unjustified shooting. Nor is there any basis for defendant's claim of a due process violation. There was likewise no merit to defendant's claim that he was denied due process of law, and that the truth-seeking process was indeed corrupted. Defendant also failed to show that he received ineffective assistance of trial counsel under Strickland v. Washington. Accordingly, the judgment was affirmed.
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