Jones v. State
294 Ga. 501
Ga.2014Background
- On Dec. 19, 2010, Dexter Jones arranged to meet Kenny Johnson to buy marijuana; during the encounter Jones shot Johnson multiple times, Johnson later died.
- Co-indictees Calvin Curtis and Jatheus Bennett testified for the State that Jones was the shooter, that Jones displayed a gun and talked about robbing or shooting Johnson, and that they saw no fight or weapon on Johnson.
- Physical evidence tied Jones to the scene: registration form in his name, tire tread impressions matching his car, and 9mm casings matching a casing found in his car.
- Jones was indicted on multiple counts; convicted of felony murder (aggravated assault), armed robbery, and firearm possession during a murder; sentenced to life plus additional terms; motion for new trial denied.
- Jones claimed ineffective assistance of counsel on appeal for failing to emphasize the crime-scene investigator’s testimony suggesting a struggle to support self-defense; the trial counsel had instead focused on character and impeaching co-defendant witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones preserved claim that counsel was ineffective for not emphasizing CSI testimony of a possible struggle to argue self-defense | Jones: counsel should have highlighted CSI testimony indicating remnants of a fight to support self-defense | State: claim not preserved because not raised with specificity in motion for new trial or at hearing; no ruling below | Claim waived for appeal; not preserved for review |
| Whether counsel’s omission on emphasizing CSI testimony constituted deficient performance under Strickland | Jones: failure was objectively unreasonable and undermined outcome | State: counsel reasonably chose a strategy (character and witness impeachment); strong presumption of competence | Court: strategy was reasonable; no deficient performance shown |
| Whether omission caused prejudice (reasonable probability of different outcome) | Jones: emphasizing the struggle would have supported justified homicide/self-defense and altered verdict | State: even if testimony noted a struggle, self-defense likely unavailable because defendant was committing or attempting felony (robbery) and was aggressor; other evidence strongly implicated Jones | Court: no reasonable probability of different result; prejudice not shown |
| Whether a self-defense instruction would have been legally available given facts | Jones: CSI evidence could support a defense theory | State: OCGA §16-3-21(b) bars justification when defendant is committing/fleeing after felony or is aggressor; co-defendants’ testimony and other evidence show robbery context | Court: self-defense likely precluded under statute and precedent; emphasizing CSI testimony would not have preserved defense |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence conviction review)
- Vega v. State, 285 Ga. 32 (trial court resolves witness credibility and conflicts in evidence)
- Tompkins v. Hall, 291 Ga. 224 (ineffective-assistance claims waived when motion for new trial lacks specificity)
- Simmons v. State, 281 Ga. 437 (waiver where appellate counsel failed to raise claim in amended motion for new trial or at hearing)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance: deficient performance and prejudice)
- Long v. State, 287 Ga. 886 (application of Strickland in Georgia)
- Crowder v. State, 294 Ga. 167 (presumption that counsel’s conduct falls within professional norms)
- Smith v. State, 290 Ga. 768 (self-defense instruction properly precluded where killing occurred during felony drug deal)