Stephens v. State, S94A1503
| Decision Date | 13 February 1995 |
| Docket Number | No. S94A1503,S94A1503 |
| Citation | 265 Ga. 120,453 S.E.2d 443 |
| Parties | STEPHENS v. The STATE. |
| Court | Georgia Supreme Court |
Travis Vance, III, Atlanta, for Stephens.
Lewis R. Slaton, Dist. Atty., Michael J. Bowers, Atty. Gen., Carl Greenberg, Asst. Dist. Atty., Susan V. Boleyn, Sr. Asst. Atty. Gen., Dept. of Law, Atlanta, for the State.
Rachelle L. Strausner, Asst. Atty. Gen., Dept. of Law, Atlanta.
Tony Wendell Stephens was convicted of malice murder, felony murder, and two counts of aggravated assault in the handgun killing of Frank Isabell and the assault on Torrence Walker. He was sentenced to life in prison for the malice murder of Isabell and 20 years to run consecutively on the aggravated assault on Walker. 1 He appeals from the denial of his motion for a new trial.
1. Torrence Walker identified appellant as the man who approached him and Frank Isabell in a parking lot, pointed a black 9 mm Glock pistol at them and searched their pockets, and then shot Isabell in response to Isabell's comment that "I can't believe I'm getting robbed by a sucker." Isabell died shortly thereafter as a result of a gunshot wound in his left chest. The bullet that inflicted the fatal wound was not recovered, but police found a shell cartridge at the scene, which expert testimony identified as coming from the 9 mm Glock pistol owned by appellant and found at his home. Appellant testified he was at the parking lot with his Glock pistol, but denied assaulting Walker and shooting Isabell, claiming instead that he had fired the pistol at a vacant building to relieve his anger over being beaten in an unrelated fight that other witnesses testified had ended 10 to 20 minutes before the crimes in issue.
We find this evidence sufficient to enable a rational trier of fact to find beyond a reasonable doubt that appellant was guilty of the charged crimes under the standard in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. In June 1992 appellant retained counsel who had graduated from law school in May 1992. Although trial counsel had sat second chair in felony criminal trials, appellant's trial in January 1993 represented the first time counsel had served as lead counsel in a felony trial. While we reject appellant's position that lack of experience alone can constitute grounds for an ineffective assistance of counsel claim, 2 this Court has carefully reviewed the record, trial transcript and transcript of the hearing on appellant's motion for new trial, in which trial counsel's performance was meticulously examined.
In order to establish ineffectiveness of trial counsel under Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984), appellant must show both that counsel's performance was deficient and that the deficient performance prejudiced the defense. See also Bowley v. State, 261 Ga. 278(4), 404 S.E.2d 97 (1991). "Unless a defendant makes both showings, it cannot be said that the conviction ... resulted from a breakdown in the adversary process that renders the result unreliable." Strickland, supra, 466 U.S. at 687, 104 S.Ct. at 2064. There is a strong presumption that trial counsel's performance "falls within the wide range of reasonable professional assistance," and that any challenged action by trial counsel " 'might be considered sound trial strategy.' " Id. at 689, 104 S.Ct. at 2065.
Appellant sets forth sixteen instances in which he contends his trial counsel's performance was deficient. He complains counsel failed to adequately investigate his case; erroneously withdrew his Jackson- Denno motion; failed to object to testimony regarding oral and written statements by appellant and testimony appellant characterizes as comments on appellant's pre- and post-arrest silence; failed to object to evidence; improperly disclosed his trial strategy and was ineffectual in opening and closing remarks; and...
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Smith v. State
...action by trial counsel might be considered sound trial strategy." (Citations and punctuation omitted.) Stephens v. State, 265 Ga. 120, 121-122, 453 S.E.2d 443 (1995). See also Hudson v. State, 218 Ga.App. 671, 672, 462 S.E.2d 775 (1995). In order to rebut this presumption, appellant must s......
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Schwindler v. State, A01A2365.
...showing that trial counsel's performance was deficient and that the deficient performance prejudiced his defense. Stephens v. State, 265 Ga. 120, 121(2), 453 S.E.2d 443 (1995). The trial court found he did not prove these matters. We uphold the trial court's determination on these issues un......
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Thomas v. State
...that his trial counsel failed to exercise reasonable professional judgment in his handling of the case. [Cit.]" Stephens v. State, 265 Ga. 120, 122(2), 453 S.E.2d 443 (1995). 13. Thomas urges that the trial court erred in failing to give a curative instruction after an alibi witness admitte......
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State v. Banks
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