Jimmerson v. State
289 Ga. 364
| Ga. | 2011Background
- In March 2004, Jimmerson was involved in a shooting that killed Wilcoxson and injured Colbert after an incident at Yosheka Jeffries' residence.
- Jeffries testified about gunfire during a confrontation with Wilcoxson and Colbert who had guns and a vest; Jimmerson was seen with a gun and firing.
- Jimmerson testified he wrested Colbert's gun and shot to stop what he feared would be further violence.
- Medical evidence showed Colbert suffered a serious gunshot injury causing long-term impairment; Wilcoxson died at the scene from gunshot wounds.
- A 2002 felony conviction for theft by taking of Jimmerson was admitted; verdicts included malice murder, two counts of felony murder, aggravated assault, aggravated battery, and gun charges.
- Jimmerson was convicted in 2005; on appeal, the Georgia Supreme Court affirmed, addressing sufficiency of the evidence and trial counsel performance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence and self-defense | Jimmerson arguing the State failed to prove beyond a reasonable doubt and that his actions were justified. | State contends evidence supported convictions and any self-defense justification was for the jury to decide. | Evidence supported convictions; no justified self-defense established beyond reasonable doubt. |
| Ineffective assistance of trial counsel | Jimmerson asserts multiple failures by counsel outweighed the defense's viability. | State contends counsel's strategy was reasonable and not deficient. | No ineffective assistance; trial strategy and decisions were reasonable and supported by the record. |
Key Cases Cited
- Baker v. State, 245 Ga. 657 (1980) (evidence of lost use supports rendered useless body part)
- Knight v. State, 271 Ga. 557 (1999) (witness credibility for jury weighing)
- Nelson v. State, 283 Ga. 119 (2008) (self-defense doctrine requires reasonableness of force)
- Daniley v. State, 274 Ga. 474 (2001) (State bears burden to disprove justification beyond reasonable doubt)
- Henderson v. State, 285 Ga. 240 (2009) (trial strategy and reasonableness of defense choices)
- Fuller v. State, 278 Ga. 812 (2005) (reasonable trial strategy defeats ineffective assistance claim)
- Canada v. State, 275 Ga. 131 (2002) (trial strategy and decision-making analyzed for effectiveness)
- Johnson v. State, 282 Ga. 235 (2007) (hindsight cannot establish ineffective assistance)
- Milner v. State, 271 Ga. 578 (1999) (directed verdict and strategy considerations in ineffectiveness analysis)
- Sims v. State, 280 Ga. 606 (2006) (trial court cross-examination discretion)
- Bell v. State, 287 Ga. 670 (2010) (habeas rights and sentencing considerations)
