Hughes v. State, 323 Ga. App. 4

Hughes was convicted of hijacking a motor vehicle, armed robbery, attempted kidnapping, obstruction, and marijuana possession.
Appealing pro se, Hughes challenges the sufficiency of the evidence for each offense and several trial court rulings.
He contends the court should have instructed on accident as a defense.
He contends the court erred by denying a continuance to prepare for a motion for new trial.
He contends trial counsel provided ineffective assistance, and his post-conviction counsel was ineffective.
The appellate court affirms the convictions and rejected Hughes’s challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Hughes argues evidence is insufﬁcient for all offenses.	The State maintains sufficient proof for each element.	Evidence sufficient for all offenses.
Accident defense instruction	Hughes claims accident/misfortune defense warranted an instruction.	No basis in Hughes’s testimony for accident instruction.	Trial court did not err in not giving accident instruction.
Continuance of motion for new trial	Hughes needed time to prepare for new-trial hearing and to obtain testimony.	The court did not abuse its discretion; no proven harm from denial.	No reversible error; continuance denial affirmed.
Ineffective assistance of trial counsel	Counsel failed to investigate, obtain records, or present experts supporting 'accident' defense; failed to convey plea offers.	Counsel’s performance was not deficient; no prejudice shown; plea-offer communications were not mishandled.	No reversible ineffectiveness of trial counsel.
Post-conviction counsel/representation	Post-conviction counsel failed to bring omitted evidence and pursue a competency hearing.	Hughes elected to represent himself; post-conviction counsel’s performance not deficient.	No merit to post-conviction counsel ineffectiveness claim.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficient evidence standard; rational trier of fact)
Dix v. State, 307 Ga. App. 684 (Ga. App. 2011) (evidence sufficiency; single witness generally sufficient)
Columbus v. State, 270 Ga. 658 (Ga. 1999) (continuance and evidentiary rulings guidance)
Mullins v. Lavoie, 249 Ga. 411 (Ga. 1982) (ineffective assistance; lack of proffered evidence)
Haygood v. State, 289 Ga. App. 187 (Ga. App. 2011) (claims of ineffective assistance; failure to show prejudice)
Wilson v. State, 277 Ga. 195 (Ga. 2003) (defendant’s failure to raise issue; trial strategy presumptions)
Shank v. State, 290 Ga. 844 (Ga. 2012) (counsel performance and evidentiary conjecture standard)