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Henley v. State

The defendant shot at the victim's brothers car, then fatally shot the victim.

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In 2007, a jury convicted Andre Shane Henley of malice murder, felony murder, and aggravated assault for shooting Menes Kori Tripp to death. Henley appeals, arguing that the trial court committed reversible error in refusing to consider, at the motion for new trial stage, an affidavit attributed to one of the jurors that alleged irregularities in the jury’s deliberations. We have determined that the trial court did not err in declining to consider the affidavit, and Henley’s remaining enumerations of error are without merit. Accordingly, we affirm.1 1. The evidence presented at trial showed that on April 7, 2006, the victim borrowed his brother’s cell phone and used it make several calls to the defendant. The purpose of the calls was to arrange a meeting to inspect marijuana the defendant was offering for sale. The victim’s brother drove him to a Blockbuster parking lot for the meeting. Before leaving the parking lot, the victim’s brother saw the victim get into a Honda Accord with the defendant, whom the victim’s brother knew only by the nickname “Blood.” The victim’s brother drove to a friend’s house, and about forty-five minutes later, the victim, who had taken his brother’s cell phone with him, called his brother from an unknown number. The victim sounded out of breath and asked his brother to pick him up at a nearby church.

The victim’s brother and the friend he was visiting armed themselves with a .357 revolver and a .25 caliber pistol before proceeding to the church. When they arrived, the victim was standing in front of the church with an older gentleman whose cell phone the victim had used to call his brother. Shots rang out, and the victim’s brother and his friend saw the defendant pulling up behind them in the Honda Accord. Bullets struck the car, and the victim’s brother drove it into the curb. The defendant drove around, and the victim’s brother saw the defendant shoot the victim in the back as he was running away, killing him.

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