Jones v. State
312 Ga. App. 15
Ga. Ct. App.2011Background
- Camden County jury convicted Jones of armed robbery in 2001; direct appeal and unpublished remand for ineffective assistance of counsel; motion for new trial denied.
- At Belk's in 2001, Jones concealed a gun while processing purchases and demanded cash, totaling about $269.
- Jones fled in a maroon pickup; a State Patrol trooper pursued into Florida; Jones discarded the gun and was eventually stopped; police recovered stolen Belk's bags and roughly $270.
- Jones claimed ineffective assistance due to trial and first appellate counsel for not addressing juror bias from seeing him in handcuffs and shackles.
- Jones argued a fatal variance between the indictment alleging armed robbery with a pellet pistol and trial evidence showing a BB gun; trial waived the issue for lack of timely objection, appellate counsel also criticized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for jurors seeing shackles | Jones asserts counsel failed to develop evidence of juror bias. | State contends no reversible prejudice shown; overwhelming evidence. | No reversible prejudice; trial court correctly denied. |
| Appellate counsel's failure to raise juror-bias issue | Jones alleges first appellate counsel should have developed the bias claim. | State asserts lack of juror-witness evidence and no prejudice. | No reversible prejudice; not clear error to deny. |
| Fatal variance between indictment and proof (pellet pistol vs. BB gun) | Jones claims indictment weapon differs from trial evidence. | State contends no fatal variance; pellet pistol and BB gun do not create fatal variance. | No fatal variance; indictment sufficiently informs defendant and protects against double jeopardy. |
Key Cases Cited
- Mobley v. State, 271 Ga. 577, 523 S.E.2d 9 (1999) (ineffective assistance framework; Strickland governs)
- Whatley v. Terry, 284 Ga. 555, 668 S.E.2d 651 (2008) (prescribes standards for trial counsel effectiveness)
- Stevenson v. State, 272 Ga. App. 335, 612 S.E.2d 521 (2005) (prejudice must be shown; shackling during sentencing analyzed)
- Stott v. State, 304 Ga. App. 560, 697 S.E.2d 257 (2010) (requires evidence of prejudice from juror testimony)
- Johnson v. State, 266 Ga. App. 898, 598 S.E.2d 551 (2004) (no fatal variance when nomenclature differs; still informs defendant)