Calloway v. State
313 Ga. App. 708
| Ga. Ct. App. | 2012Background
- Calloway attacked his girlfriend with a pocket knife on August 28, 2001, stabbing her repeatedly in the back and neck.
- After the attack, Calloway panicked, told his mother, and said he would drive the victim to the hospital though he intended to kill himself and her.
- He drove to a road, claimed he was taking her to his mother’s house, and then stopped to stab her again and chase her when she fled.
- Calloway dragged the victim into a ditch and left her for dead after believing she could not escape while a passerby failed to stop.
- A friend saw blood on Calloway’s hands and clothes; the victim survived the night in the ditch and was later hospitalized with severe injuries.
- Calloway was convicted of kidnapping, aggravated assault, aggravated battery, and false imprisonment, and appeals on counsel-related and sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel continuance and choice of counsel | Calloway was denied the counsel of his choosing | Court properly exercised discretion to proceed with appointed counsel | No abuse of discretion; continuance denied |
| Constructive denial of counsel due to strained relationship | Calloway claims constructive denial from the strained relationship | No constructive denial; counsel still tested the prosecution | No constructive denial; no prejudice shown |
| Sufficiency of kidnapping evidence | State contends evidence supports kidnapping | Calloway contends no restraint against will | Evidence sufficient under either theory (initial entry or later dragging) to sustain kidnapping |
Key Cases Cited
- Powell v. State, 310 Ga.App. 144, 712 S.E.2d 139 (Ga. Ct. App. 2011) (standard for reviewing sufficiency; law-of-the-case guidance on appellate review of verdicts)
- Shaw v. State, 251 Ga. 109, 303 S.E.2d 448 (Ga. 1983) (presumption of counsel's effectiveness and continuance considerations)
- Smith v. State, 312 Ga.App. 174, 718 S.E.2d 43 (Ga. Ct. App. 2011) (presumed prejudice criteria for ineffective assistance; three prejudice scenarios)
- Cuvas v. Slate, 306 Ga.App. 679, 703 S.E.2d 116 (Ga. Ct. App. 2010) (requirement that counsel's conduct be complete and throughout proceeding for denial claims)
- Garza v. State, 284 Ga. 696, 670 S.E.2d 73 (Ga. 2008) (pipeline rule affecting Garza-related challenges)