Davis v. State
Annotate this CaseDefendant appealed his conviction of felony murder predicated on a drug transaction and attempted violation of the state's controlled substances act. The court held that the trial court was authorized to instruct the jury pursuant to OCGA 16-3-21(b)(2); given the latitude allowed during closing argument, the trial court did not abuse its discretion in overruling defendant's objection to the prosecution's closing argument; even if it had been error to allow the prosecutor's comments during closing, the trial court's subsequent instructions and responses to the jury's inquiry would render the error harmless; there was sufficient nexus between the violation of the state's controlled substances act and the victim's death to show that defendant's participation in the drug transaction was the proximate cause of the victim's death; the trial court properly instructed the jury; and defendant's claims of ineffective assistance of trial counsel were rejected.
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