Jones v. State
296 Ga. 561
| Ga. | 2015Background
- On Feb. 9, 2006 Marquiese Pierce was shot and killed during a drug transaction; witness Jabari Gibbs identified appellant Quinton Jones (known to Gibbs as “Black”) as present, saw men remove bags of marijuana and observed a green car flee the scene.
- Jones was indicted on malice murder, felony murder, aggravated assault, firearms offenses, and marijuana possession; tried Nov. 5–7, 2008, convicted on all counts and sentenced to life plus consecutive and concurrent terms.
- Trial counsel (a public defender) was terminally ill at trial and died shortly after; over a 24‑month pretrial period five different public defenders were appointed to the case.
- Jones filed an amended motion for new trial raising multiple ineffective‑assistance claims (voir dire/opening, cross‑examination, failure to call alibi witnesses, failure to object to exhibits) and claims related to delay and speedy‑trial rights.
- At the motion hearing Jones presented testimony from two Selma, Alabama alibi witnesses; trial counsel and his file were unavailable; Jones did not produce corroborating documentary evidence of the alibi.
- The trial court denied the motion for new trial; the Georgia Supreme Court affirmed, applying Strickland prejudice/performance analysis and Barker v. Wingo balancing where appropriate.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Ineffective assistance — limited voir dire and brief opening | Counsel’s illness impaired participation in voir dire and opening, creating deficient performance and unfulfilled alibi expectation | Counsel did participate; strategic choices entitled to presumption of reasonableness | Court affirmed — no showing to overcome presumption of reasonable strategy; no deficient performance shown |
| 2. Ineffective assistance — failure to cross‑examine certain witnesses | Counsel failed to cross‑examine medical examiner and did not adequately challenge store employee (Kim) about the green car | Medical examiner testimony covered uncontested issues; counsel did cross‑examine Kim and highlighted uncertainties in closing; extent of cross examination is tactical | Court affirmed — no deficient performance or resulting prejudice shown |
| 3. Ineffective assistance — failure to call/subpoena alibi witnesses | Counsel failed to present corroborating alibi witnesses who would show Jones was in Selma during the offense, prejudicing defense | Decisions on which witnesses to call are tactical; Jones offered no documentary corroboration and counsel’s file/investigator testimony unavailable | Court affirmed — Jones failed to overcome presumption of reasonable strategy and did not show prejudice under Strickland |
| 4. Speedy‑trial and counsel delay — failure to demand speedy trial or move for dismissal | Repeated counsel substitutions and long pretrial delay denied Jones a speedy trial and constituted ineffective assistance | Delay alone not chargeable to State absent proof of systemic breakdown; failure to assert speedy‑trial right weighed against Jones; no proof of specific prejudice to defense | Court affirmed — although delay was presumptively prejudicial, Barker factors (reason for delay, defendant’s assertion, and actual prejudice) did not favor dismissal; no prejudice shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test: performance and prejudice)
- Barker v. Wingo, 407 U.S. 514 (four‑factor speedy‑trial balancing test)
- Vermont v. Brillon, 556 U.S. 81 (delays caused by appointed counsel generally charged to defendant)
- Miller v. State, 295 Ga. 769 (presumption of reasonable strategy for trial counsel)
- Browner v. State, 296 Ga. 138 (admissibility of pre‑incision autopsy photographs)
- Gill v. State, 295 Ga. 705 (strong presumption that counsel’s performance was reasonable)