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Clark v. State

The defendant failed to prove his ineffective assistance of counsel claims in his trial for murder and possession of a firearm during the commission of a felony.

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Following a jury trial, Joshua Clark appeals his convictions for the felony murder of Jermaine McNeil and possession of a firearm during the commission of a felony.1 Clark contends that he received ineffective assistance of counsel and that the trial court omitted a necessary jury instruction. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the record shows that McNeil and Clark knew each other for years and often fraternized with the same group of friends. The two men had disagreements in the past, and, a few months before the murder, they were involved in an altercation over a game of dice. The day after this argument, Clark told Jermaine Quaynor that he was going to kill McNeil. On January 24, 2009, McNeil, Clark, Quaynor, Dequavis Booker, and J.V. Staples were socializing at an apartment complex. That evening when Clark was leaving the apartment, McNeil followed him to the parking lot. Clark maintained that McNeil was harassing him to loan or give McNeil money. Clark further testified that McNeil attempted to rob him, and, therefore, he shot McNeil in self defense.

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