Mohamud v. State
297 Ga. 532
Ga.2015Background
- Mohamud was convicted after a jury trial of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony.
- On appeal, Mohamud argues ineffective assistance of counsel and trial evidentiary errors.
- Key incident occurred July 21, 2010 at a gas station in Lawrenceville, where Mohamud shot Perkins during an attempted confrontation involving a blue Crown Victoria.
- Video surveillance captured the sequence but not Perkins inside the vehicle; Arden’s testimony described Mohamud’s statements after the shooting.
- The jury found Mohamud guilty beyond a reasonable doubt; the felony murder verdict was vacated by operation of law.
- The trial court later sentenced Mohamud to life imprisonment for malice murder, 20 years for aggravated assault, and 5 years for firearms, with felony murder merged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—calling Evans-Ingram | Mohamud argues Evans-Ingram should have been called. | Defense strategy favored not calling him given conflicting evidence. | No deficiency; reasonable strategy supported by evidence |
| Ineffective assistance—reputation evidence | Other witnesses would testify to Perkins’s violence. | Arden’s testimony about past violence rendered more testimony unnecessary. | Not prejudicial; no ineffective assistance |
| Jury instruction on forcible felony | Trial counsel should have requested tailored forcible felony instructions. | Instructions given were adequate to cover self-defense issues. | No prejudice; no reversible error |
| Chandler evidence under new code | Asserted admissibility of victim’s prior violence under Chandler | Chandler inapplicable under new evidence code | Chandler not viable; evidence code controls |
| Merger for sentencing | Aggravated assault should not be merged into malice murder | Aggravated assault included in malice murder; must merge | Aggravated assault merged; vacate sentence |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (establishes Strickland two-prong standard for ineffective assistance)
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (sufficiency of evidence standard for jury verdict)
- Jones v. State, 292 Ga. 593 (Ga. 2013) (trial strategy and performance review; hindsight not allowed)
- Hayes v. State, 279 Ga. 642 (Ga. 2005) (limits on evaluating allegedly deficient performance)
- Miller v. State, 296 Ga. 9 (Ga. 2014) (definition of reasonable strategy in trial counsel decisions)
- Holmes v. State, 273 Ga. 644 (Ga. 2001) (prejudice required for ineffective assistance claim)
- Chandler v. State, 261 Ga. 402 (Ga. 1991) (evidentiary exception for victim’s acts under old code)
- Drinkard v. Walker, 281 Ga. 211 (Ga. 2006) (included-offense doctrine; proof of distinct facts)