Ingram v. State
317 Ga. App. 606
Ga. Ct. App.2012Background
- William Ingram was convicted after a jury trial of two counts of felony obstruction of an officer and one count of interference with government property.
- The State had charged four felony counts of obstruction and interference; two obstruction counts were later nolled.
- Defense did not request a misdemeanor obstruction instruction in writing before trial or during the charge conference.
- Defense explained the strategy was all-or-nothing based on the videotape not showing Ingram kicking officers.
- The jury found him guilty on the two remaining felony obstruction counts and the interference with government property count.
- Ingram appeals asserting error for lack of sua sponte misdemeanor obstruction instruction and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to charge misdemeanor obstruction sua sponte | State argues no error absent written request before close of evidence | Ingram asserts trial court erred by not sua sponte giving the lesser offense charge | No error; no sua sponte charge required |
| Ineffective assistance for not requesting lesser charge | State defers to trial strategy and strategic charging decisions | Ingram claims counsel failed to request lesser charge, violating Strickland | No prejudice; strategy reasonable; no ineffective assistance |
Key Cases Cited
- Smith v. State, 294 Ga. App. 579 (Ga. App. 2008) (no error absent written request for lesser included offense)
- State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain error review; no error found here)
- Owens v. State, 288 Ga. App. 771 (Ga. App. 2007) (no error where counsel strategic decision against lesser charge)
- Miller v. State, 285 Ga. 285 (Ga. 2009) (Strickland prejudice standard for ineffective assistance)
- Evans v. State, 288 Ga. 571 (Ga. 2011) (prong analysis of performance and prejudice; failure to prove either prong)
- Cruz v. State, 305 Ga. App. 805 (Ga. App. 2010) (charges generally fall within trial tactics; no reversal for reasonable strategy)
- Nguyen v. State, 296 Ga. App. 853 (Ga. App. 2009) (affirms flight from ineffective assistance claims when strategy reasonable)
- Leonard v. State, 279 Ga. App. 192 (Ga. App. 2006) (support for evaluating strategic trial decisions)
- King v. State, 282 Ga. 505 (Ga. 2007) (tactical charging decisions generally not grounds for reversal)