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Jimmerson v. State
289 Ga. 364
| Ga. | 2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Jimmerson v. State
Court Name: Supreme Court of Georgia
Date Published: Jun 13, 2011
Citation: 289 Ga. 364
Docket Number: S11A0372
Court Abbreviation: Ga.