Allen v. State
293 Ga. 626
| Ga. | 2013Background
- Allen shot Stacy Morman multiple times after approaching him with a firearm, resulting in twelve gunshot wounds and death at the scene.
- The shooting occurred about a week after Allen was robbed at gunpoint; Allen believed Morman was the robber and confronted him.
- Indictment (May 20, 2005) charged malice murder, felony murder, aggravated assault, and firearms offense; trial June 2006 resulted in convictions on all counts.
- Sentence imposed: life imprisonment for malice murder plus five years for firearm possession; aggravated assault merged; felony murder count stood vacated by operation of law.
- Motion for new trial filed in 2006, amended in 2010, denied in 2011; appeal filed in 2011; issue presented was ineffective assistance of trial counsel.
- Trial counsel strategy included questions about prior arrests and a tactical shift from justification to provocation in closing; a jury instruction on self-defense and provocation was given.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not objecting to arrest-question | Allen | State | No ineffective-assistance finding; duty to object not violated |
| Ineffective assistance for follow-up impeachment strategy | Allen | State | No error; strategy reasonable to ameliorate impact |
| Trial strategy shifting from justification to provocation | Allen | State | Reasonable strategic decision; supported by jury instructions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of the evidence standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)
- Johnson v. State, 290 Ga. 382 (Ga. 2012) (Strickland standard applied in Georgia)
- Norton v. State, 293 Ga. 332 (Ga. 2013) (reasonableness of trial strategy)
- Handley v. State, 289 Ga. 786 (Ga. 2011) (trial-counsel duties and standards)
- Mayberry v. State, 281 Ga. 144 (Ga. 2006) (defense strategy supported by evidence)
- Vanstavern v. State, 293 Ga. 123 (Ga. 2013) (circumstances of strategic decisions)
- Harris v. State, 279 Ga. 522 (Ga. 2005) (allowing cross-examination to test reputation)
- Jones v. State, 257 Ga. 753 (Ga. 1988) (limitations on character evidence and door-opening)