Hudson v. State
325 Ga. App. 810
Ga. Ct. App.2014Background
- Hudson was convicted of one count of theft by taking and appeals from the conviction and from the denial of his motion for new trial.
- Evidence showed Hudson and his brother loading tires from Firestone in Douglasville on August 16, 2010; store managers testified against permission to take tires and that the area had a “do not take tires” sign.
- Hudson claimed a Firestone employee named John authorized the theft; John Brewer testified he never gave such permission.
- The State impeached Hudson using his brother’s criminal history by mistake; a curative instruction was given directing the jury to disregard those questions.
- Hudson asserted multiple ineffective-assistance claims and challenged the balancing test/record findings under OCGA § 24-9-84.1; the brother pled guilty and testified for the State; OCGA 24-9-84.1 was repealed effective 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to object to wrong criminal history used | Hudson (as the defendant) argues counsel should have objected | Hudson's counsel acted strategically; curative instruction mitigated prejudice | No reversible error; strategy supported by curative instruction |
| Prejudice from use of wrong record despite curative instruction | Wrong record used; jury could have found guilt differently | Curative instruction adequately remedied improper impeachment | Not prejudicial based on trial evidence and curative instruction |
| Ineffective assistance for failing to object to use of brother’s license incident | Objection should have been made; testimony improper | Strategy favored; truthful testimony affected credibility | Not prejudicial given other corroborating evidence and rebuttal testimony |
| Impeachment with ten-year-old convictions and probative value hearing | Trial counsel should have requested balancing under OCGA 24-9-84.1 | Balancing not required after curative instruction; error harmless | Waived and/or harmless; no prejudicial impact shown |
| Failure to object to hearsay from tire recycler | Hearsay evidence improperly admitted | Strategic decision not to object to avoid highlighting past theft problems | Not ineffective assistance; strategic decision not to object was reasonable |
Key Cases Cited
- Pruitt v. State, 282 Ga. 30 (Ga. 2007) (two-prong ineffective assistance standard; presumption of reasonable conduct)
- Wright v. State, 291 Ga. 869 (Ga. 2012) (if one prong fails, other prong need not be reviewed; strategic conduct)
- Chapman v. State, 273 Ga. 348 (Ga. 2001) (strong presumption of reasonable professional conduct; test applies at trial time)
- Williams v. State, 277 Ga. 853 (Ga. 2004) (reasonableness of conduct judged at time of trial under circumstances)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (trial court factual findings reviewed but legal principles applied independently)