Cannon v. State
302 Ga. 327
Ga.2017Background
- On July 15, 2012, Juan Antonio Cannon stabbed Terrence Wiggins in a DeKalb County restaurant; Wiggins ran to a police officer, said “He stabbed me” and later died from a neck wound. Anthony Daniels witnessed and testified he saw Cannon stab Wiggins; another alleged eyewitness, Shaquanna Fields, did not testify.
- Cannon was indicted for malice murder, felony murder (based on aggravated assault), and aggravated assault; the jury convicted him of felony murder and aggravated assault, acquitted on malice murder, and sentenced him to life.
- Cannon initially represented himself for the first day and a half of trial; the public defender took over during cross-examination of Daniels and continued for the remainder of trial.
- At trial the State’s investigator testified (before a sustained objection) about unsuccessful efforts to locate Fields and mentioned an unrelated city‐ordinance arrest for Fields; the court instructed the jury to disregard that testimony.
- Cannon wore orange jail clothing during trial by his own choice; the prosecutor referenced this in closing argument.
- Defense elicited on cross‑examination that Daniels had a 1988 felony drug conviction; the trial court allowed the fact of the conviction in evidence over the State’s objection under OCGA § 24‑6‑609(b) but declined to give Cannon’s requested jury charge on impeachment by conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | State: evidence (Daniels’ eyewitness testimony, victim’s statements, medical result) is sufficient for conviction | Cannon: challenges sufficiency implicitly | Court: Evidence was sufficient under Jackson v. Virginia to support convictions |
| Ineffective assistance for failure to object to investigator testimony about Fields’ prior arrest | Cannon: counsel deficient for not objecting or for failing to cure prejudice from testimony | State: counsel did object; trial court sustained and instructed jury to disregard; presumption jury followed instruction | Court: No deficiency — counsel did object; curative instruction presumed effective; no prejudice |
| Ineffective assistance for failing to request a jury instruction about wearing prison attire | Cannon: counsel should have requested an instruction forbidding negative inference from jail clothing | State: counsel strategically declined to call attention to the issue after Cannon voluntarily chose to wear jail clothes; decision not patently unreasonable | Court: No deficiency — presumed strategic decision; not patently unreasonable |
| Failure to give requested charge on impeachment by prior conviction | Cannon: requested instruction on using prior convictions to impeach witness should have been given | State: trial court had already allowed inquiry into conviction and gave general impeachment instruction; defense could and did argue conviction in closing | Court: Harmless error — admission of the conviction (improper under OCGA § 24‑6‑609(b)) actually benefited Cannon; no substantial likelihood the omission affected verdict |
| Use of Allen charge and juror removal; recharge about relation of counts | Cannon: trial court’s recharge and Allen charge unduly emphasized felony murder and/or erred in giving Allen or in juror handling | State: court properly inquired, struck unwilling juror, parties requested Allen; recharge correctly stated each count is separate and identified underlying felony | Court: No reversible error — Cannon himself requested Allen charge; recharge was a correct statement of law and jury instructions read as a whole were proper |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Pruitt v. State, 282 Ga. 30 (ineffective assistance two‑prong test and presumption of reasonable strategy)
- Coleman v. State, 301 Ga. 721 (presumption jury follows curative instruction)
- Reddick v. State, 301 Ga. 90 (harmless error review)
- Allen v. United States, 164 U.S. 492 (Allen charge authority)
- State v. Mobley, 296 Ga. 876 (strategic decisions on jury management)
- Grimes v. State, 296 Ga. 337 (a defendant cannot complain of error resulting from his own request)
- Jessie v. State, 294 Ga. 375 (patently unreasonable standard for counsel strategy)
- Cantu v. State, 304 Ga. App. 655 (strategy presumed when trial counsel not questioned about choices)