Perkins v. Hall
288 Ga. 810
Ga.2011Background
- Perkins was convicted in 1997 of malice murder and related offenses and sentenced to death; direct appeal affirmed.
- Perkins filed a habeas corpus petition in 1999; the habeas court denied it in 2008.
- Georgia Supreme Court granted certificate of probable cause and addressed four specified issues plus others raised by Perkins.
- Evidence at trial showed Perkins severely attacked Herbert Ryals III with a guitar, stabbing and beating him; Perkins claimed self-defense, but the jury found aggravating circumstances.
- Habeas proceedings focused on ineffective assistance during sentencing, alleged mental incompetence at trial, jury notes, and affidavits obtained under questionable circumstances.
- The court reversed in part, affirmed in part, and remanded for further proceedings on several issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance at sentencing phase | Perkins argues trial counsel inadequately prepared mitigating evidence. | Perkins's counsel asserts reasonable representation; issues were limited by client cooperation. | Trial counsel deficient; new sentencing trial warranted. |
| Competence to stand trial | Perkins was mentally incompetent at trial. | Competence issue was not pursued; trial court observed no clear incompetence. | Procedural default barred review; no cause/prejudice proven to overcome default; no miscarriage of justice established. |
| Jury notes received during trial | Notes written by jurors were not recorded; could affect deliberations. | Trial court responses were proper; failure to disclose notes did not prejudice in some instances. | Remand for factual findings on note timing; prejudice shown in at least some notes; remedy appropriate. |
| Witness affidavits obtained by misrepresentation | Affidavits were procured deceitfully; potential perjury and impact on trial. | Requests for inquiry into misconduct were insufficient to overturn trial results. | Habeas court directed to hold a full hearing on misconduct; contempt or prosecution possible. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (standard for ineffective assistance; prejudice required)
- Smith v. Francis, 253 Ga. 782, 325 S.E.2d 362 (Ga. Supreme Court, 1985) (prejudice standard for ineffective assistance in Georgia)
- Wiggins v. Smith, 539 U.S. 510 (U.S. Supreme Court, 2003) (relevance of mitigation investigation; hindsight ignored)
- Hall v. McPherson, 284 Ga. 219, 663 S.E.2d 659 (Ga. Supreme Court, 2008) (professional norms for defense counsel in capital cases)
- Mize v. State, 269 Ga. 646, 501 S.E.2d 219 (Ga. Supreme Court, 1998) (mitigation investigation after client cooperation limitations)
- Colwell v. State, 273 Ga. 634, 544 S.E.2d 120 (Ga. Supreme Court, 2001) (defendant's right to control defense and mitigating strategy)
- Thomason v. State, 276 Ga. 434, 578 S.E.2d 426 (Ga. Supreme Court, 2003) (procedural default applied to incompetence claims in habeas context)
- Ferrell v. Turpin, 274 Ga. 399, 554 S.E.2d 155 (Ga. Supreme Court, 2001) (procedural default and miscarriage of justice exception)
- Valenzuela v. Newsome, 253 Ga. 793, 325 S.E.2d 370 (Ga. Supreme Court, 1985) (miscarriage of justice standard; inquiry into actual innocence)
- Sawyer v. Whitley, 505 U.S. 333 (U.S. Supreme Court, 1992) (miscarriage of justice; actual innocence standard)
- Drope v. Missouri, 420 U.S. 162 (U.S. Supreme Court, 1975) (due-process right to fair trial; absence of defendant discussed)
- Thomason v. State, 276 Ga. 434, 578 S.E.2d 426 (Ga. Supreme Court, 2003) (procedural default strong; competency claim barred absent cause)