Smiley v. State
288 Ga. 635
| Ga. | 2011Background
- Smiley was convicted of malice murder for the September 1, 2006 shooting of Samuel Williams in DeKalb County, Georgia.
- The forensic evidence showed Williams was shot as he raised his hand to protect himself, with shots from more than two to three feet away.
- Smiley gave two statements to police: a four-page written statement acknowledging statements about the day and time of the events, followed by a second statement after Miranda rights in which his story varied and later claimed someone else did the shooting.
- Kevin Williams testified as an alibi witness for Smiley, purportedly at a barbecue on the night of the murder; the date was mis-stated at trial by defense counsel as August 30 instead of September 1.
- Smiley challenged the conviction via an amended motion for new trial arguing ineffective assistance of trial counsel; the trial court denied the motion and the Georgia Supreme Court affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Smiley asserts the evidence does not prove malice murder beyond a reasonable doubt. | State contends the record supports a reasonable juror's finding of malice murder. | Evidence sufficient to sustain guilt beyond reasonable doubt. |
| Ineffective assistance—alibi evidence and misdated testimony | Counsel failed to present alibi evidence and misstated the barbecue date, prejudicing Smiley. | Counsel strategically chose one strong alibi witness; misstatement did not prejudice outcome. | No reversible error; no reasonable probability of different result. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (whether evidence is sufficient for a rational juror)
- Smith v. Francis, 253 Ga. 782 (Ga. 1985) (ineffective assistance standard; Strickland framework)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (test for ineffective assistance of counsel)
- Reid v. State, 286 Ga. 484 (Ga. 2010) (tactical decisions of counsel evaluated for reasonableness)
- Shaw v. State, 286 Ga. 229 (Ga. 2009) (Strickland prejudice and performance standard in Georgia)