Blocker v. Georgia
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Appellant Phillip Blocker appealed his convictions for malice murder, participation in criminal street gang activity, and related offenses in connection with the 2010 shooting death of Eric Smith. Appellant argued on appeal: (1) insufficient evidence supported his conviction for participating in criminal street gang activity; (2) the
trial court abused its discretion in admitting as an excited utterance a hearsay statement that Appellant had just shot someone; and (3) trial counsel was ineffective for (a) failing to object to the State’s closing argument that Appellant was guilty of participating in criminal street gang activity, (b) introducing photographic evidence depicting one of Appellant’s friends holding a gun and “throwing” possible gang signs, (c) failing to object to the admission of surveillance video capturing events surrounding the shooting, and (d) failing to request a jury charge informing the jury that Appellant’s out-of-court statements could not be believed without corroboration. Finding no reversible error, the Georgia Supreme Court affirmed Blocker's convictions.
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