Jones v. State
289 Ga. 111
| Ga. | 2011Background
- Jones was convicted in a bifurcated trial of felony murder (aggravated assault predicate), firearm during crime, and felon in possession.
- Victim Curtis Tony Howard died from rifle-type gunshot wounds; body found in the bed of his pickup behind a vacant mobile home in Burke/ Richmond Counties.
- Jones was arrested in Texas days later as a passenger in a car stopped for speeding; an outstanding Georgia warrant existed.
- Co-indictees testified that they sold drugs to Howard; two admitted involvement, one shooter, and described the robbery context.
- After conviction, Jones argued ineffective assistance of counsel; the trial court denied post-trial relief and Jones appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effectiveness of counsel—arrest warrant affidavit | Counsel deficient for not challenging probable cause affidavit. | No deficient performance; prejudice not shown. | No deficient performance; prejudice not shown. |
| Effectiveness of counsel—trial court jurisdiction | Counsel failed to contest judge's authority. | No prejudice; jurisdiction uncontested. | No prejudice; jurisdiction not ineffective. |
| Effectiveness of counsel—arraignment | Counsel failed to object, depriving demurrer opportunity. | No basis for demurrer; appellant aware of charges. | No harm; no ineffective assistance. |
| Effectiveness of counsel—juror contact with witness | Counsel should have moved for juror removal. | No demonstrated prejudice; contact not meriting removal. | No prejudice; trial counsel not deficient. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for evidence)
- Martin v. State, 281 Ga. 778 (2007) (bifurcated proceedings and sufficiency analysis)
- Coleman v. State, 286 Ga. 291 (2009) (ineffective assistance framework)
- Fuller v. State, 277 Ga. 505 (2004) (Strickland prejudice prong guidance)
- Lanier v. State, 288 Ga. 109 (2010) (unfounded speculation cannot prove deficient performance)
- Whitus v. State, 287 Ga. 801 (2010) (speculation insufficient to prove prejudice)
- Metz v. State, 284 Ga. 614 (2008) (indictment sufficiency and notice elements)
- Dunn v. State, 263 Ga. 343 (1993) (indictment adequacy and notice)
- Wallace v. State, 253 Ga. App. 220 (2002) (demurrer and indictment specificity)
- Holcomb v. State, 268 Ga. 100 (1997) (juror-witness contact; prejudice standard)
- Peterson v. State, 284 Ga. 275 (2008) (ineffective assistance hearing framework)