King v. State, 304 Ga. 349

Victim Lelia Mae Huston was found dead on September 10, 2003; autopsy ruled cause of death as asphyxiation by strangulation and identified two blunt-force head injuries.
Neighbors: Albert Lee King was interviewed, initially denied involvement, then gave recorded and written statements admitting he strangled Huston after a physical altercation.
King was indicted for murder (malice) and aggravated assault; tried in July 2004 and convicted on both counts.
Sentences: life imprisonment for murder and a consecutive 20-year sentence (10 years prison, 10 years probation) for aggravated assault.
Post-conviction procedural history: King filed motions for new trial (amended many years later); after delays and appointment of new counsel, he obtained an out-of-time appeal and appealed to the Georgia Supreme Court.

Issue	Plaintiff's Argument (King)	Defendant's Argument (State)	Held
Sufficiency of evidence for aggravated assault (use of deadly weapon/object)	The State failed to prove beyond a reasonable doubt that King struck Huston about the head with a deadly weapon or instrument likely to cause serious bodily injury.	Blunt-force head injuries shown by forensic pathology support an inference that an object or instrument was used; weapon need not be produced or specifically identified.	Conviction for aggravated assault affirmed; circumstantial evidence of blunt-force trauma sufficient.
Ineffective assistance for failure to request jury charge on justification	Trial counsel was ineffective for not requesting a justification (self-defense) instruction.	Claim was not raised in the new-trial motion (raised later), so it is procedurally waived on direct appeal; alleged failure of post-conviction counsel cannot revive the waived claim on direct appeal.	Claim waived; to pursue ineffective assistance of post-conviction counsel, King must seek habeas relief.

Allen v. State, 297 Ga. 702 (existence of deadly weapon may be shown by circumstantial evidence)
State v. Wyatt, 295 Ga. 257 (indictment need not identify exact weapon when circumstances do not permit)
Talley v. State, 209 Ga. App. 79 (wounds’ nature and location permit inference about weapon)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
Wilson v. State, 286 Ga. 141 (claims of trial counsel ineffectiveness must be raised in motion for new trial; bootstrapping to post-conviction counsel error is not allowed)
Smart v. State, 299 Ga. 414 (procedural posture for pursuing counsel-ineffectiveness claims)
Owens v. State, 303 Ga. 254 (noting extraordinary post-conviction delay)