Dublin v. GeorgiaAnnotate this Case
Willie Dublin appealed his convictions for felony murder and other crimes stemming from the fatal shooting of Terry Slack during an attempted robbery. He argued he received ineffective assistance of counsel claim based on his counsel’s failure to object to hearsay and what he contends was an improper comment on his pre-trial silence, as well as other enumerations of error related to the admission of additional hearsay and other acts evidence. After review, the Georgia Supreme Court conclude the alleged hearsay was admissible under the co-conspirator exception to the hearsay rule. Dublin did not shown that trial counsel’s failure to object to a detective’s comment on his silence prejudiced his defense. Furthermore, the Court found the trial court did not abuse its discretion in denying a mistrial after a witness alluded to some prior bad acts. The Court vacated the judgment in part, however, as the trial court erred by merging the count of aggravated assault with intent to rob into the offense of felony murder. The matter was remanded for resentencing.