Green v. State, 302 Ga. 816

Victim, Green, and Williams were acquaintances; Williams had a prior dispute with the victim over an alleged stolen gun.
On July 30, 2008 Williams drove by the victim’s home; the victim armed himself and came outside.
Williams parked across the street; Green (in Williams’s car) retrieved a long gun; the three men approached the victim.
Williams and Green began punching the victim and attempted to take his gun; Reynolds then walked up and shot the victim in the face; the victim later exchanged gunfire and died.
Green was tried jointly with Reynolds and Williams, convicted of malice murder, and sentenced to life; Green appealed claiming ineffective assistance of counsel (failure to request mutual-combat/self-defense instructions and failure to move for severance).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for failing to request mutual-combat or self-defense jury instructions	Green: slight evidence (bad blood, building shot up, victim carried gun) supported mutual combat/self-defense instructions	State: record lacked evidence victim intended to fight Green; only Williams had the prior dispute; no evidence to support these justification charges	Court: No. No evidence authorized mutual-combat or self-defense charges; counsel not ineffective for failing to request them
Whether trial counsel was ineffective for not seeking severance from Reynolds	Green: evidence against Reynolds was stronger (Reynolds fired the fatal shot; separate cocaine possession charge) made joint trial prejudicial	State: severance is strategic; stronger case against co-defendant alone does not require separate trial; no evidence would have been excluded if severed	Court: No. Decision presumed strategic; Green could not show prejudice from joint trial; severance would likely be denied

Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-evidence standard in criminal convictions)
Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test: performance and prejudice)
Smith v. State, 296 Ga. 731 (review standard for ineffective-assistance findings)
Hicks v. State, 287 Ga. 260 (justification charge requires at least slight evidence)
Johnson v. State, 300 Ga. 665 (mutual-combat instruction authorized only when evidence of mutual intent to fight exists)
Carruth v. State, 290 Ga. 342 (mutual combat not authorized where evidence shows unprovoked attack or ambush)
Lupoe v. State, 300 Ga. 233 (decision to seek severance is trial strategy; presumed reasonable)
Adkins v. State, 279 Ga. 424 (burden to show prejudice from joint trial to obtain severance)
Moon v. State, 288 Ga. 508 (stronger evidence against one defendant does not mandate separate trial)
Butler v. State, 290 Ga. 412 (joinder proper where common scheme or plan is shown)
Billings v. State, 293 Ga. 99 (jury instructions limiting evidence to specific defendants)
Glenn v. State, 279 Ga. 277 (no ineffective assistance when defendant cannot show harm from joint trial)
Jones v. State, 296 Ga. 561 (presumption of reasonable strategy stands even when trial counsel unavailable to testify)