Henry v. State
297 Ga. 74
| Ga. | 2015Background
- Henry was convicted of malice murder, burglary, and unlawful possession of a firearm in the August 9, 2010 shooting of John Golden.
- Cassandra Reynolds bought an AK-47 for Henry and kept it in her home; Henry broke into her house to obtain the gun.
- Henry fired the AK-47 on Golden’s porch, killing him, after being seen threatening others and boasting of the loaded weapon.
- Henry told a friend he had shot someone and disposed of ammunition nearby; the State presented evidence of the weapon and related conduct.
- Henry challenged the sufficiency of the evidence and claimed ineffective assistance of counsel; the trial court denied post-trial relief, and the Supreme Court of Georgia affirmed.
- The court applied Jackson v. Virginia clear-error-free standard for sufficiency and Strickland for ineffective assistance, evaluating trial counsel’s performance and prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Henry argues the evidence is legally insufficient for malice murder. | State contends the evidence supports a rational jury’s guilt beyond reasonable doubt. | Evidence legally sufficient to support conviction. |
| Effectiveness of counsel - overall | Henry claims trial counsel failed to provide effective representation in multiple respects. | State asserts counsel’s performance was reasonable and not prejudicial. | Henry failsto show deficient performance or prejudice. |
| Counsel communication and investigation failures | Henry contends counsel did not adequately consult or investigate the case. | State argues communications and investigations were reasonable and not prejudicial. | No deficient performance shown; no prejudice demonstrated. |
Key Cases Cited
- Walker v. State, 296 Ga. 161 (Ga. 2014) (sufficiency standard; avoid weighing credibility)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review; rational juror)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard; performance and prejudice)
- Kimmelman v. Morrison, 477 U.S. 365 (U.S. 1986) (ineffective assistance scope; trial conduct)
- Lowe v. State, 295 Ga. 623 (Ga. 2014) (no fixed required conference time; uncooperative client)
- Glass v. State, 289 Ga. 542 (Ga. 2011) (communication with counsel; evidentiary considerations)
- Williams v. State, 281 Ga. 196 (Ga. 2006) (counsel discuss charges and alibi; strategic decisions)
- Browder v. State, 294 Ga. 188 (Ga. 2013) (new trial standard; review of trial counsel)
- Arthur v. Walker, 285 Ga. 578 (Ga. 2009) (slip of the tongue not reversible error)
- Davis v. State, 329 Ga. App. 797 (Ga. App. 2014) (record demonstrates trial counsel’s actions; prejudice require)
- Rodriguez v. State, 211 Ga. App. 256 (Ga. App. 1993) (cross-examination and credibility considerations)
- Bass v. State, 208 Ga. App. 859 (Ga. App. 1993) (burden shifting; trial court rulings)
