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