Nations v. State
290 Ga. 39
| Ga. | 2011Background
- Nations was convicted of malice murder and aggravated battery for the January 3, 2007 shooting of Jason Cothren and wounding of Claude Cothren, after a Towns County trial.
- Nations fled to North Carolina and was arrested there; his headlights were off, he smelled of alcohol, and he showed impairment at stop.
- At trial, Clifton Cothren testified; Nations sought to defend on self-defense/justification theory.
- Approximately a month after trial, Teague claimed Clifton lied at trial; Teague’s statements and a taped recording surfaced; the State initially reviewed but did not rely on it.
- The State provided the defense with a police report and an unaltered audiotape in January 2009; Teague had died by October 2008.
- Nation's motion for new trial was denied; he pursued direct appeal raising due process and ineffective assistance theories, which the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Perjury by Clifton violated due process | Nations contends Clifton lied; perjury tainted verdict. | No proven perjury or prejudice; verdicts could be sustained without perjured testimony. | No due process violation; perjury not proven and verdicts could have been obtained without it. |
| Brady material withheld (audiotape) | Audiotape exculpates Nations; suppression prejudiced defense. | Audiotape either not exculpatory or not suppressed to prejudice result; not Brady violation. | No Brady violation; suppression not shown and no reasonable probability of different outcome. |
| Ineffective assistance of trial counsel - general | Counsel failed to adequately impeach key witness and raised other deficiencies. | Counsel's impeachment decisions and trial tactics were reasonable strategic choices. | No reasonable probability that outcome would differ; counsel not ineffective. |
| Specific impeachment and evidentiary decisions by counsel | Counsel failed to impeach Tanner with police statements and failed to object to overlapping statements. | Defense strategically chose to rely on evidence presented, including a videotaped statement. | No deficient performance; strategy deemed reasonable and non-prejudicial. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- John v. State, 282 Ga. 792 (Ga. 2007) (perjury requirement for set-aside of judgment)
- Fugitt v. State, 251 Ga. 451 (Ga. 1983) (due process and untruthful testimony considerations)
- Williams v. State, 250 Ga. 463 (Ga. 1983) (standards for due process in witness credibility)
- Burgeson v. State, 267 Ga. 102 (Ga. 1996) (duty to disclose favorable evidence and Brady considerations)
- Kitchens v. State, 289 Ga. 242 (Ga. 2011) (ineffective assistance—trial strategy considerations)
- Sanders v. State, 289 Ga. 655 (Ga. 2011) (independent evaluation of trial court findings in effectiveness review)
- Cooper v. State, 281 Ga. 760 (Ga. 2007) (trial tactics within cross-examination and strategy)
- Nichols v. State, 282 Ga. 401 (Ga. 2007) (admissibility and character questions related to arrests)