Crawford v. State
314 Ga. App. 796
Ga. Ct. App.2012Background
- Crawford was convicted of aggravated assault on a law enforcement officer, possessing a firearm during a crime, and giving a false name and birth date to an officer.
- The judgment followed a jury trial after a transfer from juvenile court to superior court.
- Crawford provided a false name and birth date to an officer, fled, and discarded a handgun after an officer pursued him.
- The handgun contained ten rounds when recovered.
- Crawford’s appeal challenged procedural and evidentiary rulings, as well as claims of ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transfer to superior court timely appealed | Crawford sought appellate review of the transfer | Appellate review waived due to failure to appeal within 30 days | Waived; no appellate review on transfer issue |
| Reciprocal discovery of video evidence | State violated reciprocal discovery by not providing videos | Record failed to show trial court ruling on issue; counsel watched video | Waived; no reversible error; record shows limited video and no demonstrated harm |
| Lesser included offenses instruction | Trial court should have instructed lesser included offenses (reckless conduct/pointing a pistol) | Evidence supported only charged offense; no basis for lesser offenses | No error; court properly refused lesser included offenses |
| Circumstantial evidence jury instruction | Requested OCGA § 24-4-6 instruction warranted | Evidence was direct (eyewitness testimony) | Not warranted; any error harmless given direct evidence and overwhelming guilt |
| Ineffective assistance of trial counsel | Counsel failed to hire expert, object to charges, and object to closing argument | Counsel's strategic choices were reasonable; no prejudice shown | No ineffective assistance; no reasonable probability of different outcome |
Key Cases Cited
- McCombs v. State, 306 Ga.App. 64 (2010) (Rule 25(c)(1) compliance essential to review; arguments must align with enumerations)
- In re Interest of D.M., 299 Ga.App. 586 (2009) (Final transfer order directly appealable; timeliness requires appeal within 30 days)
- Cox v. State, 242 Ga.App. 334 (2000) ( waiver of appeal if not timely pursued)
- Rivers v. State, 229 Ga.App. 12 (1997) (waiver principles for appellate review of certain rulings)
- Garrett v. State, 285 Ga.App. 282 (2007) (failure to raise discovery violations results in waiver)
- Ruiz v. State, 286 Ga. 146 (2009) (impeachment/closing arguments; credibility instructions considered)