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