Pierre v. the State
330 Ga. App. 782
Ga. Ct. App.2015Background
- On December 6, 2011, police responded to a domestic-disturbance call at Brenda Copeland’s home where she had visible injuries (ripped shirt, bleeding mouth, knot on head) and the bedroom/closet were in disarray.
- Copeland initially told police Pierre had locked her in her bedroom, taken her cellphone, called her employer, struck her in the face, hit her in the back of the head with a blunt object (believed to be a shotgun), and prevented her from leaving until she later escaped; photographs and a written statement were taken.
- Police found a loaded sawed-off shotgun in a neighbor’s yard; Pierre fled the scene but was later apprehended and charged with multiple offenses including false imprisonment, theft by taking, family violence battery (three counts), and related weapons offenses.
- At trial Copeland recanted her pretrial statement, testifying the injuries were accidental during a struggle and that she had lied to police out of anger.
- The jury convicted Pierre of false imprisonment, theft by taking, and three counts of battery (lesser included offenses) and acquitted him of the remaining charges. Pierre’s amended motion for new trial was denied; he appeals contesting sufficiency of the evidence and alleging ineffective assistance of counsel.
Issues
| Issue | Pierre's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions (false imprisonment, theft, batteries) | Evidence was insufficient given victim recanted at trial | Pretrial statements, injuries, scene evidence, and witness testimony provide competent evidence for each element; jury resolves credibility | Affirmed — evidence sufficient when viewed in favor of the verdict (Jackson standard) |
| Ineffective assistance for failure to request a jury charge on justification | Counsel should have requested a justification charge; its absence prejudiced the defense | Justification not supported by the evidence (no admission and victim did not show defendant acted in reasonable fear); counsel not deficient | Affirmed — no deficient performance or prejudice under Strickland because justification charge was unwarranted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- Alston v. State, 277 Ga. App. 117 (justification is an affirmative defense generally requiring admission of the crime)
- Bush v. State, 271 Ga. 156 (analysis for failure to request jury charge; focus on whether charge was warranted and would have changed outcome)
- Taylor v. State, 327 Ga. App. 882 (single witness testimony can be sufficient; standard for viewing evidence in favor of the verdict)
- Miller v. State, 300 Ga. App. 652 (prior inconsistent statements admissible as substantive evidence; jury may credit pretrial statements over in-court recantation)