BLASH V THE STATE
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The appellant, Demarcus Deshawn Blash, was convicted for malice murder and other offenses related to the shooting deaths of Jain Marie Williams and Wendell Everett Williams. Blash contended that the evidence was insufficient and that the trial court erred in denying his motion for a new trial. He also argued that the trial court abused its discretion when it overruled his objection to the introduction of his jail phone call recordings and to expert testimony regarding gang language in those recordings.
The Supreme Court of Georgia found that the evidence was constitutionally sufficient to authorize Blash’s convictions, as he and his co-defendants had planned the crimes and he was a party to them. The trial court properly exercised its authority in denying Blash’s motion for a new trial. The trial court did not err in admitting the jail call recordings, as they were properly authenticated and not unduly prejudicial. The trial court also did not abuse its discretion in allowing expert testimony interpreting gang terminology, as it helped the jury understand the specialized language in the recordings.
However, the court vacated the sentences for burglary and one count of theft by taking because these counts should have merged with home invasion and armed robbery, respectively.
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