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Green v. State
291 Ga. 579
| Ga. | 2012
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Background

  • Appellant Brandon Green was convicted of murder for the shooting death of Teressa Owens.
  • The incident occurred at the Old English Inn, where Green and Owens lived on the same floor and had argued earlier that night.
  • Green returned to Owens’s room, confronted her with a shotgun, and killed her after telling her to shut her mouth.
  • Two eyewitnesses identified Green as the shooter and testified consistently with the prosecution.
  • Awarded life imprisonment for felony murder; other counts were merged/vacated; an out-of-time appeal and a motion for new trial were pursued.
  • The sole appellate issue concerns whether trial counsel was ineffective for not objecting to certain hearsay evidence against Green.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Ineffective assistance for failing to object to hearsay Green argues hearsay statements were improperly admitted State contends counsel strategically allowed it to challenge contradictions Trial strategy valid; no prejudice shown
Sufficiency of the evidence Evidence proves guilt beyond a reasonable doubt Not disputed that eyewitnesses’ testimony suffices Sufficient evidence supports conviction

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for federal review of state convictions)
  • Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance standard)
  • Washington v. State, 276 Ga. 655 (Ga. 2003) (Strickland analysis applied to Georgia claims)
  • Battles v. State, 290 Ga. 226 (Ga. 2011) (context for evaluating performance and prejudice)
  • Nichols v. State, 281 Ga. 483 (Ga. 2007) (trial strategy and admissibility considerations in ruling on objections)
  • Terry v. State, 284 Ga. 119 (Ga. 2008) (evidence impact in appellate assessment of prejudice)
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Case Details

Case Name: Green v. State
Court Name: Supreme Court of Georgia
Date Published: Sep 10, 2012
Citation: 291 Ga. 579
Docket Number: S12A1182
Court Abbreviation: Ga.