Pennie v. State
292 Ga. 249
| Ga. | 2013Background
- Appellant Ntyono Pennie and co-defendant Torrence Sanders were convicted of felony murder of Shirley Akins and related offenses.
- The prosecutions arose from a robbing spree where a black Nissan Maxima, registered to Pennie, was used, and a gun found in the car was linked to the shooting of Rakestraw and Akins’s death.
- Evidence showed Pennie and Sanders committed armed robberies, fled the scene, and the escape phase overlapped with Akins’s death in a car collision during pursuit by law enforcement.
- Sanders’s fingerprints were on the vehicle and his backpack was found in the car; Rakestraw identified Pennie; bullets at the scene matched the gun found in the Maxima.
- Pennie’s trial raised ineffective assistance claims for not requesting a separate proximate causation jury instruction, based on a theory that Sanders’s flight broke the chain of causation.
- The trial court charged the jury on felony murder with the underlying felonies and escape; defense argued proximate causation gave a separate instruction, which counsel did not request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not requesting proximate causation charge | Pennie argues defense counsel failed to request proximate causation instruction. | State argues no deficiency; instructions already conveyed proximate causation via escape doctrine and underlying felonies. | No deficient performance; no reasonable probability of different verdict. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review for guilty verdict)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard)
- Westmoreland v. State, 287 Ga. 688 (2010) (harmonizes homicide within res gestae for felony murder escape)
- Sanders v. State, 290 Ga. 637 (2012) (overwhelming evidence defeats prejudice claim for ineffective assistance)
- Hill v. State, 290 Ga. 493 (2012) (overwhelming evidence defeats prejudice from counsel's charge decisions)
- Sigman v. State, 287 Ga. 220 (2010) (tactical decisions on jury charges afforded latitude; not patently unreasonable)