330 Ga. App. 750
Ga. Ct. App.2015Background
- In December 2012, Officer Randy Greenewold observed Johnny David Morris driving 60–65 mph in a 40 mph zone at about 5:18 a.m., with no lights on.
- Officer approached the vehicle and detected glassy eyes and an odor of alcohol; Morris admitted drinking a six-pack about three hours earlier.
- Officer administered HGN, walk-and-turn, and one-leg-stand field sobriety tests and obtained a positive breath-alcohol result; Morris was arrested for DUI (less safe).
- Officer also observed and measured excessively dark window tint and cited Morris for multiple equipment violations (no headlights, no brake lights, window tint).
- At trial, Officer Greenewold identified Morris as the driver despite initial hesitation; the jury convicted Morris on DUI less safe and several traffic/equipment offenses.
- Morris appealed, arguing (1) insufficient evidence identifying him as the driver and (2) ineffective assistance of trial counsel; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identification of driver | Morris: Officer did not reliably identify him as the driver; evidence insufficient. | State: Officer Greenewold testified he arrested Morris and twice reaffirmed identification. | Identification sufficient based on officer testimony; credibility for jury. |
| Ineffective assistance of trial counsel (raised on appeal) | Morris: Trial counsel was ineffective (raised for first time on appeal). | State: Claim procedurally barred because not raised at the earliest practicable opportunity or presented to trial court first. | Claim barred for failure to raise in trial court/motion for new trial; review only in habeas. |
Key Cases Cited
- Wallace v. State, 294 Ga. App. 159 (affirming standard for viewing evidence in light most favorable to jury verdict)
- Crawford v. State, 301 Ga. App. 633 (single witness testimony generally sufficient to establish a fact)
- Garland v. State, 283 Ga. 201 (ineffective-assistance claims must be raised at earliest practicable moment)
- Maxwell v. State, 262 Ga. 541 (failure to file motion for new trial raising ineffective-assistance claim bars review)
- Dawson v. State, 302 Ga. App. 842 (failure to present ineffectiveness claim to trial court bars appellate review)
- Williams v. State, 257 Ga. App. 589 (pro se defendant’s failure to file motion for new trial before appeal bars review of ineffective-assistance claim)