Crumity v. State
321 Ga. App. 768
| Ga. Ct. App. | 2013Background
- Crumity was married to the victim in a tumultuous, violent relationship with frequent police involvement and a 2007 temporary restraining order requiring him to stay at least 200 yards away from her.
- After the TRO, Crumity repeatedly proximate to the victim’s life—driving by her house, following her to work, watching from near her workplace, and even going to her store—causing fear and police calls.
- On December 23, 2007, Crumity threatened the victim by saying he would kill her; the next morning he approached with a shotgun, and after his son shot him, Crumity shot the victim twice.
- Crumity was convicted by a jury of aggravated assault with a deadly weapon, aggravated stalking, and possession of a firearm during the commission of a felony; he amended his motion for new trial challenging the aggravated stalking conviction and alleging ineffective assistance of counsel.
- The appellate court affirms, holding the evidence supported aggravated stalking, that trial strategy did not render counsel ineffective, and that Crumity’s remaining challenges lacked merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports aggravated stalking | State argues Crumity engaged in a pattern of harassing behavior in violation of the protective order. | Crumity asserts the evidence fails to prove purpose to harass or intimidate. | Yes; sufficient pattern to sustain aggravated stalking. |
| Whether Crumity received ineffective assistance of counsel | State contends trial strategy was reasonable and not deficient. | Crumity argues counsel breached duties by eliciting lines of questioning. | No; trial strategy reasonably supported; no ineffective assistance. |
Key Cases Cited
- Salazar v. State, 314 Ga. App. 83 (Ga. App. 2012) (we construe evidence in favor of the verdict)
- Louisyr v. State, 307 Ga. App. 724 (Ga. App. 2011) (pattern of harassing and intimidating behavior may be shown by multiple factors)
- Goss v. State, 305 Ga. App. 497 (Ga. App. 2010) (acquittal on related charges supports reasonable trial strategy})
- Foster v. State, 318 Ga. App. 124 (Ga. App. 2012) (standard for ineffective assistance; prejudice prong requires substantial likelihood of different outcome)
- Gray v. State, 291 Ga. App. 573 (Ga. App. 2008) (trial tactics generally not ineffective assistance)
- Jacobs v. State, 299 Ga. App. 368 (Ga. App. 2009) (reasonableness of counsel actions presumed)