Smith v. State, 301 Ga. 348

Victim Arthur Pelham, a disabled VA beneficiary over 65, lived in the downstairs of Smith’s home where Smith acted as his paid caregiver and landlord; Smith lived upstairs.
The VA arranged weekday daycare transport for Pelham; Smith signed the daycare enrollment acknowledging the center would close when Clayton County schools closed for inclement weather.
On January 6, 2014 (a freezing day when daycare was closed), neighbors observed Pelham outside all morning, inadequately dressed and seeking entry; Pelham told a neighbor he had been waiting for the bus and that Smith “won’t let me in.”
Pelham was later found unconscious outside Smith’s back door, in urine and suffering hypothermia; he died at the hospital. Emergency responders noted poor living conditions and that downstairs residents had no proper heat.
Smith denied knowing the daycare was closed, disputed that Pelham had knocked or rang the bell, and admitted never giving residents keys; she did not render aid and delayed emergency access. She was convicted by a Clayton County jury of felony murder and two counts of cruelty to a person age 65 or older and sentenced to life with parole eligibility (felony murder) and a concurrent 20-year term (one cruelty count).

Issue	Plaintiff's Argument (Smith)	Defendant's Argument (State)	Held
Sufficiency of evidence for felony murder and cruelty to elderly person	Smith lacked knowledge or reason to know Pelham was not at daycare; no proof he knocked or she refused entry	Evidence showed Smith was Pelham’s primary caregiver, signed daycare form, never gave residents keys, Pelham waited outside in freezing weather while Smith was home and did not allow reentry or render aid	Affirmed: evidence sufficient to prove willful deprivation of shelter/sustenance causing death (felony murder based on cruelty statute)
Ineffective assistance — failure to investigate / call witnesses	Trial counsel failed to interview state-listed or identified witnesses and did not re-examine physical evidence	Counsel testified he interviewed witnesses and called two favorable witnesses; Smith failed to proffer what additional investigation or witnesses would have shown	Affirmed: Smith failed to show deficient performance or prejudice (no proffer of missing evidence)
Ineffective assistance — failure to request lesser-included instructions (involuntary manslaughter/reckless conduct)	Counsel should have requested instructions on lesser offenses	Counsel pursued an all-or-nothing not-guilty strategy to avoid admitting negligence or recklessness, consistent with Smith’s account	Affirmed: trial strategy reasonable; no deficient performance shown

Holliman v. State, 257 Ga. 209 (1987) (felony murder requires intent to commit the underlying felony, not intent to kill)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence: viewing evidence in light most favorable to the prosecution)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance — deficient performance and prejudice)
Domingues v. State, 277 Ga. 373 (2003) (Georgia application of Strickland; need to show what further investigation would have revealed)
Grant v. State, 295 Ga. 126 (2014) (defendant must proffer what additional witness testimony would have shown to establish prejudice)
Green v. State, 291 Ga. 579 (2012) (if either Strickland prong fails, court need not address the other)
Jessie v. State, 294 Ga. 375 (2014) (decisions about which jury charges to request are classic trial strategy)
McKee v. State, 277 Ga. 577 (2004) (pursuing an all-or-nothing defense can be reasonable and precludes ineffective-assistance claim for failing to request lesser instructions)