Kilpatrick v. State

Miller, Judge.

Rodney Kilpatrick was convicted of aggravated battery based on evidence that he shot a victim three times in the legs, resulting in the amputation of the lower portion of one of the legs. Kilpatrick testified that the shooting occurred during a struggle for the gun and was accidental. He enumerates two errors: (1) the trial court erred in finding he received effective assistance of counsel where trial counsel failed to challenge the admissibility of statements Kilpatrick made to police without the benefit of Miranda 1 warnings; and (2) the trial court erred in failing to give…