Philpot v. State, 311 Ga. App. 486

Philpot stabbed the victim repeatedly during a dispute in a store parking lot in DeKalb County.
The victim suffered facial and neck injuries requiring 55 stitches and left permanent scars.
The incident occurred after a near-collision with Philpot's SUV, with verbal altercations ensuing.
Philpot admitted, post-M Miranda rights, that she stabbed the victim after she “lost it” and led detectives to the knife.
A jury convicted Philpot of aggravated battery and aggravated assault; the trial court denied a new trial.
Philpot challenged admissibility of two bandaged-face photographs and alleged ineffective assistance for not requesting a defense-of-habitation instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of the photographs	Photographs were irrelevant, duplicative, and prejudicial.	Photographs were not probative and unfairly prejudicial.	Court allowed admission; photographs were material and properly admitted.
Ineffective assistance for not requesting defense-of-habitation instruction	Counsel should have requested a defense-of-habitation instruction under OCGA § 16-3-23.	No evidence supported a defense-of-habitation; timing required entry/attack on habitation.	Trial court did not err; no basis for instruction; counsel not ineffective.
Sufficiency of the evidence to sustain convictions	Evidence supported guilty verdicts beyond a reasonable doubt.	Defense of justification should have negated liability.	Evidence was sufficient to support aggravated battery and aggravated assault verdicts.

Smith v. State, 279 Ga. App. 211, 630 S.E.2d 833 (2006) (evidence viewed in light of the verdict standard)
Boddy v. State, 265 Ga. 498, 458 S.E.2d 630 (1995) (photographs admissible if material and relevant even if duplicative)
Stokes v. State, 204 Ga. App. 586, 420 S.E.2d 84 (1992) (photographs of victim in hospital admissible in aggravated assault trial)
Lacey v. State, 288 Ga. 341, 703 S.E.2d 617 (2010) (hospitalized victim photographs directly relevant to aggravated assault)
Brown v. State, 258 Ga. App. 78, 573 S.E.2d 110 (2002) (evidence regarding effects of injury relevant to aggravated assault)
Kendrick v. State, 287 Ga. 676, 699 S.E.2d 302 (2010) (Habitation defense requires unlawful entry/attack at time of injury)
Coleman v. State, 286 Ga. 291, 687 S.E.2d 427 (2009) (absence of basis for defense-of-habitation instruction means no deficient performance)
Goings v. State, 265 Ga. App. 296, 593 S.E.2d 751 (2004) (meritless jury instruction not error for ineffective assistance analysis)
Lewis v. State, 292 Ga. App. 257, 663 S.E.2d 721 (2008) (timing of instruction in use-of-force context)
Martinez v. State, 303 Ga. App. 166, 692 S.E.2d 766 (2010) (Strickland standard for ineffective assistance; factual findings reviewed deferentially)
Presley v. State, 307 Ga. App. 528, 705 S.E.2d 870 (2011) (preserves criteria for appellant's ineffectiveness review)
Morrison v. State, 256 Ga. App. 23, 567 S.E.2d 360 (2002) (objection waiver on relevance for photographic evidence)