Howard v. the State
340 Ga. App. 133
| Ga. Ct. App. | 2017Background
- In 1986 Ernest Howard was indicted and, after a 1987 trial, convicted of two counts of aggravated assault (deadly weapon), one count of kidnapping with bodily injury, and one count of rape; acquitted of two aggravated-sodomy counts.
- Victims C.B. and G.H. were taken from an unlicensed bar by Howard, driven to remote areas, threatened with a knife, C.B. escaped, and G.H. was raped after being held; both later identified Howard at his workplace.
- Police obtained an arrest warrant after the victims identified Howard; he was arrested following interrogation at the station.
- Howard filed a timely motion for new trial alleging ineffective assistance; the trial court held hearings in 1989 and denied the motion; procedural delays and later filings led to a 2013 grant of an out-of-time appeal.
- On appeal Howard challenged (1) sufficiency of the evidence, (2) venue (Bibb County), and (3) denial of ineffective-assistance claims (failure to call witnesses, inadequate preparation, failure to object).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions | Howard: evidence vague, conflicts in victims' testimony insufficient to prove charges | State: testimony of victims and circumstantial facts allowed a rational jury to convict | Affirmed — viewed in light most favorable to jury, evidence sufficient for aggravated assault, kidnapping with bodily injury, and rape |
| Venue (Bibb County) | Howard: victims did not know where incidents occurred; State failed to prove county beyond reasonable doubt | State: circumstantial evidence (camper testimony, detective) placed events at Lake Tobesofkee in Bibb County; no evidence incidents occurred elsewhere | Affirmed — circumstantial evidence supported jury finding of venue in Bibb County |
| Ineffective assistance — failure to call witnesses (Patricia, Valerie Goins) | Howard: counsel failed to locate/call witnesses who would exonerate him | State: counsel reasonably could not locate Patricia and tactically declined Goins because her testimony conflicted with defendant's earlier statements | Affirmed — tactical decisions and reasonable investigation; no deficient performance shown |
| Ineffective assistance — preparation and objections | Howard: counsel did not adequately prepare and failed to object to leading questions | State: counsel testified he interviewed witnesses and decisions not to object were trial strategy; appellant failed to specify instances or contradict record | Affirmed — presumption of reasonable strategy; no prejudice shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence in criminal convictions)
- Strickland v. Washington, 466 U.S. 668 (two-pronged test for ineffective assistance of counsel)
- Jones v. State, 272 Ga. 900 (Georgia requirement that venue be laid in county where crime occurred)
- Walton v. State, 293 Ga. 607 (venue may be proved by circumstantial evidence)
- O'Donnell v. Smith, 294 Ga. 307 (proof of venue when victim found in county; circumstantial inferences)