Pennington v. State
313 Ga. App. 764
Ga. Ct. App.2012Background
- Pennington was convicted by a Gwinnett County jury of false imprisonment, burglary, and aggravated assault.
- On appeal, Pennington argued the evidence was insufficient and that he received ineffective assistance of trial counsel.
- The attack occurred around 3:00 a.m. on May 6, 2006, after the victim woke to find a man on top of her; she identified Pennington based on description.
- The victim reported theft of cash and jewelry and found cocaine residue, a cigarette lighter, and an open window; initial police response was criticized, and evidence collection was incomplete.
- A photographic lineup identified Pennington; a videotaped interview was shown at trial; Pennington’s alibi defense involved his brother’s testimony and a hospital trip narrative.
- The trial court denied a motion for new trial, and Pennington appeals that denial on the grounds of sufficiency of evidence and ineffective assistance of counsel regarding sequestration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Pennington argues inconsistencies undermine identification and credibility. | The State contends evidence, viewed most favorably, supports each element. | Sufficient evidence supports convictions beyond reasonable doubt. |
| Ineffective assistance regarding sequestration rule | Counsel’s failure to invoke sequestration allowed a witness to testify after trial began. | No prejudice; witness’s presence did not affect outcome; the State acted without knowing about the witness. | No reversible error; failure to invoke sequestration did not prejudice Pennington. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard: rational trier of fact could find elements beyond reasonable doubt)
- Robinson v. State, 277 Ga. 75 (Georgia 2003) (deference to trial court on credibility; independent application of law)
- Glass v. State, 289 Ga. 542 (Georgia 2011) (sequestration-related credibility considerations; appellate review of prejudice)
- Rakestrau v. State, 278 Ga. 872 (Georgia 2005) (discretion of trial court on sequestration violation; admissibility/credibility impact)
- Suggs v. State, 272 Ga. 85 (Georgia 2000) (credibility and impeachment considerations in sequestration context)