Muse, et al. v. Georgia
Annotate this CaseAppellants Durell Muse, Darious Harris, and Darious’s Jujuane Harris, appealed their convictions following a joint trial for malice murder and other crimes stemming from the shooting death of Antonio Clements, the shooting of Clements’ girlfriend, Kendra Clopton, and the firing of shots that struck a vehicle occupied by Silento Bell and Yolanda Davis. On appeal, all Appellants challenged the sufficiency of the evidence to support certain of their convictions; contended that the trial court violated the continuing witness rule by allowing the jury to watch surveillance videos in the jury room during deliberations; and claimed that the trial court violated certain of their rights when addressing notes from the jury. In addition, Muse and Darious contended the trial court erred by failing to exclude evidence extracted from Muse’s cell phone; Muse contended his trial counsel was ineffective in failing to raise a hearsay objection to testimony from a State’s witness; Darious and Jujuane contended the trial court erred in failing to sever their trials; and Darious contended he was entitled to a new trial because the trial court erred in failing to exclude the testimony of a State’s witness and because the State represented during the motion for new trial proceedings that the record was incomplete. Finding no reversible error, the Georgia Supreme Court affirmed in all three appeals.
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