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Crump v. State
301 Ga. 871
Ga.
2017
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Background

  • Crump, a convicted felon, killed Simon Riley at Riley's home after entering with consent.
  • Roxberg, Riley's brother, witnessed Crump leaving and later identified Crump in a photo lineup.
  • Police found gunpowder residue on Crump's hands; shell casings and bullets matched Crump's gun.
  • Crump admitted being at Riley's residence and made incriminating comments during and after the incident.
  • Crump moved for post-trial relief; a second motion for new trial raised ineffective-assistance claims tied to a ballistics report.
  • The trial court denied relief; the court affirmed the conviction on appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether trial counsel was ineffective for failing to object to ballistics evidence Crump claims deficient performance due to late receipt of the report State provided the report promptly; objection would be futile No ineffective assistance; no prejudice

Key Cases Cited

  • Jackson v. Virginia, 443 U. S. 307 (1979) (sufficiency review for guilt beyond a reasonable doubt)
  • Wright v. State, 291 Ga. 869 (2012) (Strickland standard applied on direct appeal)
  • Cockrell v. State, 281 Ga. 536 (2007) (ballistic report admissibility not excluded for late disclosure absent bad faith/prejudice)
  • Vaughn v. State, 307 Ga. App. 754 (2011) (meritless ineffective-assistance claim without merit based on obstruction)
  • Hayes v. State, 262 Ga. 881 (1993) (failure to object to meritless issue not ineffective assistance)
  • Dawson v. State, 300 Ga. 332 (2016) (admission of ballistics testimony harmless in light of overwhelming evidence)
  • Fuller v. State, 277 Ga. 505 (2004) (Strickland standard application on appeal)
Read the full case

Case Details

Case Name: Crump v. State
Court Name: Supreme Court of Georgia
Date Published: Aug 28, 2017
Citation: 301 Ga. 871
Docket Number: S17A1146
Court Abbreviation: Ga.