Harris v. State
291 Ga. 175
| Ga. | 2012Background
- Harris was convicted of felony murder predicated on possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony for the shooting of Quintín Walker.
- Harris was in his parked car with Beyonica Watts when Walker and Hart approached; an argument escalated and Harris fired multiple shots.
- Harris testified self-defense, claiming Walker ran toward him and he shot in protection from six feet away.
- Evidence supported guilt beyond a reasonable doubt under Jackson v. Virginia.
- Harris claimed trial counsel Michael Ivan rendered ineffective assistance by not challenging gunpowder travel distance evidence and by not requesting an inherently dangerous underlying felony instruction.
- The trial court denied the new-trial motion; the appellate court affirmed, applying Strickland v. Washington standards and reviewing for reasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not challenging gunpowder distance | Ivan failed to rebut Dr. Voss’s 15-foot claim. | Cross-examination and strategy avoided need to contradict that distance. | No deficient performance; strategy reasonable. |
| Inherently dangerous underlying felony instruction | Failure to request an inherently dangerous instruction prejudiced defendant. | Underlying felony not inherently dangerous; circumstances may render it dangerous, but not here. | No prejudice; instruction not warranted. |
| Cumulative Strickland prejudice standard applied | Two alleged errors collectively prejudiced Harris. | No prejudice from either issue; Strickland not satisfied. | No reversible error; ineffective-assistance claims fail. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard)
- Washington v. State, 276 Ga. 655 (Ga. 2003) (Illinois standard adopted for ineffective assistance in Georgia (Strickland))
- Battles v. State, 290 Ga. 226 (Ga. 2011) (strong presumption of reasonable professional assistance; strategy matters)
- Ford v. State, 262 Ga. 602 (Ga. 1992) (status felonies not inherently dangerous, but attendant circumstances may render dangerous)
- Shivers v. State, 286 Ga. 422 (Ga. 2010) (attendant circumstances may render a status offense dangerous)