Robinson v. State, No. S03A1002.

CourtSupreme Court of Georgia
Writing for the CourtHINES, Justice.
Citation586 S.E.2d 313,277 Ga. 75
PartiesROBINSON v. The STATE.
Decision Date15 September 2003
Docket NumberNo. S03A1002.

586 S.E.2d 313
277 Ga. 75

ROBINSON
v.
The STATE

No. S03A1002.

Supreme Court of Georgia.

September 15, 2003.


586 S.E.2d 314
Steven E. Phillips, Atlanta, for appellant

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Madonna M. Heinemeyer, Asst. Atty. Gen., for appellee.

HINES, Justice.

Rico Robinson was convicted of the malice murder of Quentin Domineck, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. This Court affirmed Robinson's convictions in Robinson v. State, 275 Ga. 143, 561 S.E.2d 823 (2002), but remanded the case to the trial court for an evidentiary hearing on Robinson's claim of ineffective assistance of his trial counsel. Id. at 145(4), 561 S.E.2d 823. After an evidentiary hearing, the trial court rejected the claim of ineffectiveness and denied Robinson a new trial. For the reasons which follow, we affirm.

Robinson has the burden of demonstrating that his trial attorney was ineffective in representing him.

In order to prevail on a claim of ineffective assistance of counsel, a criminal
586 S.E.2d 315
defendant must show that counsel's performance was deficient and that the deficient performance so prejudiced the client that there is a reasonable likelihood [277 Ga. 76] that, but for counsel's errors, the outcome of the trial would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Smith v. Francis, 253 Ga. 782(1), 325 S.E.2d 362 (1985). The criminal defendant must overcome the strong presumption that trial counsel's conduct falls within the broad range of reasonable professional conduct. Mobley v. State, 271 Ga. 577, 523 S.E.2d 9 (1999).

Potter v. State, 273 Ga. 325, 540 S.E.2d 184 (2001). "[W]e accept the trial court's factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts." Suggs v. State, 272 Ga. 85, 88(4), 526 S.E.2d 347 (2000). In denying Robinson relief, the trial court stated that there was no showing that the verdict would have differed if trial counsel had proceeded differently, that trial counsel was effective in her defense of Robinson, and that some of trial counsel's actions were strategic in nature.

1. Robinson first contends that his trial counsel was ineffective because she failed to object to the exclusion of evidence of prior violent acts by the victim against him on the basis that it violated Robinson's right under the Federal Constitution to present a defense. But such an objection would have been of no moment.

Citing several federal cases,1 Robinson argues that the excluded evidence was crucial to his sole defense of...

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366 practice notes
  • Gregoire v. the State., No. A10A1917.
    • United States
    • Georgia Court of Appeals
    • September 12, 2011
    ...the strong presumption that trial counsel's conduct fell within the broad range of reasonable professional conduct. Robinson v. State, 277 Ga. 75, 76, 586 S.E.2d 313 (2003). “Trial tactics and strategy, no matter how mistaken in hindsight, are almost never adequate grounds for finding trial......
  • Lebis v. State, S17A0948
    • United States
    • Supreme Court of Georgia
    • December 11, 2017
    ...apply the legal principles to the facts.’ " Wright v. State, 291 Ga. 869, 870, 734 S.E.2d 876 (2012) (quoting Robinson v. State, 277 Ga. 75, 76, 586 S.E.2d 313 (2003) ). First, Lebis fails to make an adequate showing as to why trial counsel's decision not to request that opening statem......
  • Tran v. State, A16A1654
    • United States
    • United States Court of Appeals (Georgia)
    • March 8, 2017
    ...erroneous, but we independently apply the legal principles to the facts." (Citation and punctuation omitted.) Robinson v. State , 277 Ga. 75, 76, 586 S.E.2d 313 (2003). In this division, we address the first prong of the Strickland test and in Division 3 we address the second prong, lo......
  • Whatley v. State, A17A0940
    • United States
    • United States Court of Appeals (Georgia)
    • September 14, 2017
    ...278 Ga. at 705, 606 S.E.2d 269.13 Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).14 Robinson v. State, 277 Ga. 75, 75-76, 586 S.E.2d 313 (2003) (citations and punctuation omitted).15 Grier v. State, 273 Ga. 363, 365 (4), 541 S.E.2d 369 (2001) (citations and pu......
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376 cases
  • Gregoire v. the State., No. A10A1917.
    • United States
    • Georgia Court of Appeals
    • September 12, 2011
    ...the strong presumption that trial counsel's conduct fell within the broad range of reasonable professional conduct. Robinson v. State, 277 Ga. 75, 76, 586 S.E.2d 313 (2003). “Trial tactics and strategy, no matter how mistaken in hindsight, are almost never adequate grounds for finding trial......
  • Lebis v. State, S17A0948
    • United States
    • Supreme Court of Georgia
    • December 11, 2017
    ...apply the legal principles to the facts.’ " Wright v. State, 291 Ga. 869, 870, 734 S.E.2d 876 (2012) (quoting Robinson v. State, 277 Ga. 75, 76, 586 S.E.2d 313 (2003) ). First, Lebis fails to make an adequate showing as to why trial counsel's decision not to request that opening statements ......
  • Lord v. State, S18A0959
    • United States
    • Supreme Court of Georgia
    • October 9, 2018
    ...determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]" Robinson v. State, 277 Ga. 75, 76, 586 S.E.2d 313 (2003). Wright v. State, 291 Ga. 869, 870 (2), 734 S.E.2d 876 (2012). Furthermore, "[t]rial tactics and strategy ... are almost n......
  • Whatley v. State, A17A0940
    • United States
    • United States Court of Appeals (Georgia)
    • September 14, 2017
    ...278 Ga. at 705, 606 S.E.2d 269.13 Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).14 Robinson v. State, 277 Ga. 75, 75-76, 586 S.E.2d 313 (2003) (citations and punctuation omitted).15 Grier v. State, 273 Ga. 363, 365 (4), 541 S.E.2d 369 (2001) (citations and pu......
  • Request a trial to view additional results

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