Clemons v. State, 288 Ga. 445

Clemons was convicted after a bench trial of malice murder of Shirley Hunt, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony.
The crimes occurred on July 31, 2008; Clemons’ wife had separated from him and moved in with the victim.
Evidence showed Clemons owned a 9-mm pistol; shell casings at the scene matched ammunition found at his home.
Clemons previously had a 1975 voluntary manslaughter conviction; he admitted during jail intake that he shot the victim because she meddled in his marriage.
A child who was present at the victim’s home testified, with competency challenged but ultimately admitted as non-merits-based.
An untimely pro se motion for new trial followed by an out-of-time appeal posture; appellate counsel later failed to raise ineffective-assistance claims in a proper motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Clemons asserts insufficient proof of malice murder.	State argues evidence supported guilt beyond reasonable doubt.	Evidence supported guilt beyond reasonable doubt.
Child witness competency	Clemons challenges the eight-year-old’s competency to testify.	State contends proper competency inquiry was conducted and waiver applies.	Competency properly addressed; no reversible error.
Effect of void motion for new trial on appeal	Ineffective-assistance claim based on trial counsel's performance should be reviewed.	Motion for new trial was void for missing deadline; thus no review.	Void motion bars review of ineffective-assistance claim.
Effect of out-of-time appeal on ineffectiveness claim	Out-of-time appeal could salvage ineffective-assistance claims.	Remedy moot where relief already granted and ineffective-assistance issues unresolved.	Out-of-time appeal does not revive claims; remedy moot.

Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard)
Kelly v. State, 181 Ga.App. 605 (1987) (waiver of competency objections rule)
Castillo v. State, 178 Ga.App. 312 (1986) (competency determination standards)
Jeffries v. State, 272 Ga. 510 (2000) (child competency exception to oath questions)
Norton v. State, 263 Ga. 448 (1993) (competency prerequisites clarified)
Porter v. State, 271 Ga. 498 (1999) (timeliness of motions for new trial and appeal)
Wicks v. State, 277 Ga. 121 (2003) (timeliness and review of issues)
Maddox v. State, 278 Ga. 823 (2005) (necessity of proper preservation for ineffective-assistance claims)
Chatman v. State, 265 Ga. 177 (1995) (preservation and review of ineffective-assistance claims)
Fairclough v. State, 276 Ga. 602 (2003) (out-of-time appeals and preservation rules)
Hudson v. State, 278 Ga. 409 (2004) (out-of-time-appeal remedy for ineffective assistance)
Smith v. State, 266 Ga. 687 (1996) (appellate procedure and preservation)
West v. Hopper, 232 Ga. 830 (1974) (procedural post-conviction review framework)
McGee v. State, 255 Ga.App. 708 (2002) (appellate review of trial-counsel claims)
Keasler v. State, 165 Ga.App. 561 (1983) (competency and oath considerations)