Sherrell v. State
317 Ga. App. 571
Ga. Ct. App.2012Background
- Patrick Sherrell was convicted by a jury of two counts of aggravated assault against his wife, C. S.
- The charges related to the May 6, 2010 incident; prior related abuse from October 31, 2009 was admitted as similar-transaction evidence.
- Sherrell and C. S. lived together in Shady Dale, Jasper County, after marrying in 2008.
- C. S. testified to a history of physical abuse by Sherrell, corroborated by family, police, and medical personnel.
- Sherrell appealed, arguing lack of venue proof, improper handling of letters under the continuing-witness rule, and ineffective assistance of counsel.
- The trial court’s decision was upheld after a de novo review of ineffective-assistance claims and harmless-error analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proven beyond reasonable doubt | Sherrell contends venue was not proven | State argues venue was proven | Venue established in Jasper County |
| Continuing-witness rule and letters | Sherrell argues misapplication of rule invalidates verdict | State argues proper objection; letters harmless | Error harmless; no reversal |
| Ineffective assistance claim | Sherrell claims trial counsel deficient and prejudicial | State asserts overwhelming evidence shown; no prejudice | No reversible error; ineffective-assistance claim denied |
Key Cases Cited
- Strozier v. State, 314 Ga. App. 432 (Ga. App. 2012) (venue and related evidentiary considerations)
- Dunagan v. State, 255 Ga. App. 309 (Ga. App. 2002) (harmless-error analysis under continuing-witness rule)
- Morgan v. State, 226 Ga. App. 327 (Ga. App. 1997) (continuing-witness rule and admissibility of documents)
- Bollinger v. State, 272 Ga. App. 688 (Ga. App. 2005) (letters to go out in deliberations; harmless-or-not analysis)
- Chapman v. State, 273 Ga. 348 (Ga. 2001) (harmless error review in procedural-rule contexts)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)
- Smith v. State, 247 Ga. 612 (Ga. 1981) (battered-woman syndrome considerations)
- Chavez v. State, 306 Ga. App. 272 (Ga. App. 2010) (venue proof and related evidentiary considerations)
- Adams v. State, 276 Ga. App. 319 (Ga. App. 2005) (evidence weighting and harmless-error considerations)