Askew v. State
310 Ga. App. 746
Ga. Ct. App.2011Background
- Askew convicted by DeKalb County jury of aggravated assault (joint trial with McMichael).
- McMichael was tried separately; he was acquitted of armed robbery and convicted of aggravated assault.
- Victim attacked in early morning hours of November 22, 2007 after leaving a friend's house; attacked by Askew and McMichael with a baton-like stick for about 20 minutes.
- Askew argued mistaken identity and presented alibi witnesses; he challenged the victim’s identification.
- State moved in limine to redact a cocaine-use notation from the victim’s medical records; trial court limited ruling to statements in opening and witness examinations; no cocaine questions were pursued, and doctor testimony indicated cocaine screening could not reveal timing or quantity.
- Court affirmed Askew’s aggravated assault conviction and denied relief on the asserted evidentiary and ineffective-assistance challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cocaine-use evidence was admissible. | Askew | State | No abuse of discretion; evidence speculative and collateral. |
| Whether three older felony convictions could impeach the victim. | Askew | State | Examined under OCGA 24-9-84.1(b); failure to timely notice precludes admissibility. |
| Whether trial counsel was ineffective for impeachment decisions. | Askew | State | No ineffective assistance; not reasonably probable outcome change. |
Key Cases Cited
- Robinson v. State, 272 Ga. 131 (2000) (toxicology relevance requires showing effect on victim's recall or behavior)
- Hawes v. State, 261 Ga. 164 (1991) (inadmissible cocaine use evidence lacking connection to conduct)
- James v. State, 270 Ga. 675 (1999) (relevance of marijuana use requires proximate timing evidence)
- Crowder v. State, 305 Ga.App. 647 (2010) (advance written notice prerequisite for prior-conviction impeachment)
- Bozzuto v. State, 276 Ga.App. 614 (2005) (trial court discretion on admissibility of evidence; not disturbed absent abuse)
- Taylor v. State, 301 Ga.App. 104 (2009) (consideration of prior-conviction impeachment in light of defense)