Brown v. State
321 Ga. App. 765
| Ga. Ct. App. | 2013Background
- Shajarvis Brown was convicted of attempted armed robbery after a jury trial.
- Brown and three co-defendants planned to rob the Daniel Street Food Mart in LaGrange because the clerk allegedly owed Brown money.
- On January 15, 2007, Brown acted as look-out while Boddie and McCoy armed with assault rifles approached the store.
- Brown entered the store to use the phone, then fled; the others carried rifles toward the store and were apprehended by police.
- A car search of Williams (in the car) yielded a handgun and ammunition matching the rifles.
- Brown later moved for a new trial claiming ineffective assistance of counsel, which the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not objecting to other-robberies testimony | Brown argues objections should have been raised to testimony about other robberies. | Brown's trial counsel contends the objections were strategic and unnecessary. | No deficient performance; strategy reasonable; no reversal. |
| Ineffective assistance for not objecting to girlfriend Swindle's testimony | Swindle’s statements implied a pattern of criminal behavior and harmed Brown's defense. | Counsel's decision not to object avoided highlighting other robberies; strategic. | No deficient performance; strategy reasonable; no reversal. |
Key Cases Cited
- Smith v. State, 309 Ga. App. 889 (Ga. App. 2011) (ineffectiveness requires both deficient performance and prejudice)
- Hargrove v. State, 291 Ga. 879 (Ga. 2012) (defendant bears burden to show deficient performance and prejudice)
- Gray v. State, 291 Ga. App. 573 (Ga. App. 2008) (trial tactics viewed with deference unless patently unreasonable)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes standard for ineffective assistance of counsel)
- Mantooth v. State, 303 Ga. App. 330 (Ga. App. 2010) (reasonableness of strategy governs not reversible error)
- Thornton v. State, 301 Ga. App. 784 (Ga. App. 2009) (burden to rebut presumption of reasonable strategy)
- Durham v. State, 292 Ga. 239 (Ga. 2012) (trial strategy in handling character testimony)
- Greenwood v. State, 309 Ga. App. 893 (Ga. App. 2011) (decision not to object can be legitimate trial strategy)
- Cochran v. State, 177 Ga. App. 471 (Ga. App. 1986) (non-responsive testimony can be harmless)
- Hensley v. State, 300 Ga. App. 136 (Ga. App. 2009) (fleeting reference to possible criminal history is harmless)