7 results for 'cat:"Ineffective Assistance" AND cat:"Murder" AND cat:"Jury Instructions"'.
J. Pinson finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's convictions for shooting the victim 16 times, including evidence that defendant told his coworkers he hated the victim and fantasized about killing him. The trial court correctly refused to give defendant's requested jury instruction on voluntary manslaughter. The victim's actions in yelling, cursing and threatening to get a gun were not enough to provoke a sudden, irresistible passion in a reasonable person to warrant the injury instruction. Defendant's trial counsel was not deficient for failing to object to testimony from defendant's coworkers. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: May 14, 2024, Case #: S24A0405, Categories: ineffective Assistance, murder, jury Instructions
J. Boggs finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Defendant failed to show that his substantial rights were affected by the trial court's failure to give the jury an instruction on no duty to retreat. The trial court correctly gave the jury a sequential unanimity instruction on involuntary manslaughter as a lesser offense of murder. Defendant failed to show that he was prejudiced by his trial counsel's alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: December 19, 2023, Case #: S23A0906, Categories: ineffective Assistance, murder, jury Instructions
J. Pinson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's theory of self-defense. The trial court correctly instructed the jury on simple assault and defendant failed to show that the trial court committed any error in failing to charge the jury on the lesser offenses of felony or misdemeanor involuntary manslaughter. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: December 19, 2023, Case #: S23A0802, Categories: ineffective Assistance, murder, jury Instructions
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. The trial court correctly denied defendant's motion for a directed verdict because there was evidence allowing the jury to find that defendant was a knowing participant when he started a dispute with the victim. Defendant's trial counsel was not deficient for failing to request a jury charge on good character evidence. Defendant failed to show that the trial outcome would have been different if the jury had received the charge. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: September 19, 2023, Case #: S23A0670, Categories: ineffective Assistance, murder, jury Instructions
J. Warren finds that the trial court properly convicted defendant of murder, possession of marijuana with intent to distribute and possession of a firearm during the commission of a felony. Defendant failed to show that the trial outcome was likely affected by the trial court's failure to instruct the jury on justification and no duty to retreat. The evidence supporting defendant's self-defense theory was weak. Defendant also failed to show that the trial court committed any error by failing to instruct the jury on accomplice corroboration. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0550, Categories: ineffective Assistance, murder, jury Instructions
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J. LaGrua finds that the trial court properly convicted defendant of murder and correctly denied defendant's motion for a new trial based on prosecutorial misconduct. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant fatally shot the victim in front of multiple eyewitnesses. Defendant failed to show that his trial counsel's performance was deficient or that he was prejudiced by his counsel's failure to request a jury instruction on confession corroboration. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: May 31, 2023, Case #: S23A0166, Categories: ineffective Assistance, murder, jury Instructions