Billington v. State
313 Ga. App. 674
Ga. Ct. App.2012Background
- Billington was convicted in Cobb County of aggravated assault with an offensive weapon (Monte Carlo) after a November 14, 2008 incident.
- Victim and Billington had a long history of domestic violence, with prior incidents and police involvement dating back to 1994.
- In 2007 the victim helped Billington by securing a bank loan so he could buy and drive a car; by 2008 Billington was behind on payments and the victim sought to repossess.
- On November 14, 2008, the victim, her brother, and Billington confronted over the Monte Carlo; the victim climbed on the car and fought for the keys while the brother attempted to shift the car.
- Billington allegedly accelerated, struck the victim’s legs, and drove off with the victim clinging to the hood; she eventually let go as traffic forced him to stop.
- A 911 call recording was introduced, and an officer testified about the victim’s injuries; defense argued the victim fabricated or exaggerated the events.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not objecting to officer’s testimony | Billington claims officer bolstered victim's credibility and spoke to the ultimate issue. | Billington's counsel strategically chose to cross-examine rather than object. | No error; strategy supported by record; no deficient performance. |
| Ineffective assistance for failing to object to prior-difficulties evidence | Evidence of prior fights and alcohol issues improper and prejudicial. | Evidence was admissible as part of prior difficulties showing relationship context; objections would be futile. | No error; admissible to explain friction; trial strategy justify non-objection. |
| Effect of trial strategy on ineffective-assistance claim | Counsel's decisions were unreasonable and prejudicial. | Counsel's strategy was reasonable and selected with Billington; no prejudice shown. | Strategy reasonable; no ineffective-assistance showing. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong standard for ineffective assistance)
- Robinson v. State, 277 Ga. 75 (2003) (appellate review of factual findings and credibility determinations)
- Grier v. State, 273 Ga. 363 (2001) (reasonable trial strategy generally not ineffective assistance)
- Word v. State, 308 Ga.App. 639 (2011) (trial strategy and cross-examination can support non-objecting conduct)
- Warbington v. State, 281 Ga. 464 (2007) (trial counsel's strategic decisions rarely amount to deficiency)
- Hampton v. State, 300 Ga.App. 49 (2009) (motions in limine preserve issues without contemporaneous objection)
- Jones v. State, 283 Ga.App. 812 (2007) (prior substance abuse admissible to explain relationship friction)
- Al-Attawy v. State, 289 Ga.App. 570 (2008) (trial strategy and admissibility of prior difficulties)
- Gregoire v. State, 309 Ga.App. 309 (2011) (counsels' tactics evaluated in context of record)
- Battise v. State, 309 Ga.App. 835 (2011) (defer to trial strategy unless patently unreasonable)
- Moss v. State, 278 Ga.App. 362 (2006) (substantial latitude given to trial counsel decisions)