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Fletcher v. State

The defendant was not entitled to a reversal of his conviction based on the trial court's refusal to allow his counsel to comment in closing on the state's failure to call certain witness, because the defendant did not show that the witnesses not called had knowledge of material and relevant facts.

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A Fulton County jury convicted Willie Fletcher of felony murder and aggravated assault for his role in the shooting death of Anthony Dixon.1 On appeal, Fletcher contends that the trial court erred by prohibiting him from commenting during closing argument on the State’s failure to call certain witnesses. Because Fletcher failed to show that any of these witnesses had knowledge of material and relevant facts, we affirm. 1. The evidence presented at trial showed that on the evening of April 15, 1995, Fletcher and some cohorts were drinking and playing cards in the parking lot of an Atlanta apartment complex. Tempers flared after some of the men were accused of cheating, and Anthony Dixon was killed in the ensuing fight. Dixon died as a result of being struck in the head by a shotgun slug, which hit Dixon after ricocheting off another object. Police arrived shortly thereafter and captured Fletcher as he attempted to flee the scene.

At trial, one witness testified that after the fight broke out, she saw Fletcher run into his second story apartment, retrieve a shotgun, and fire the gun from the second story balcony towards the area where the card game had been taking place. Several other witnesses also testified that they saw Fletcher firing the shotgun from the balcony. One witness identified Fletcher as the shooter in a photographic lineup.

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