Smith v. State
311 Ga. App. 184
Ga. Ct. App.2011Background
- Smith appeals pro se from convictions for driving without insurance, failure to register a vehicle, and two obstruction counts.
- The State challenged the sufficiency of the obstruction evidence under Jackson v. Virginia.
- Smith asserted numerous issues including ineffective assistance of counsel, speedy-trial rights, and various trial-court errors.
- The court sua sponte treated several ineffective-assistance claims as waived for not being raised below.
- The court concluded the sentence was within statutory limits and not constitutionally disproportionate.
- Overall, the court affirmed all convictions and rejected Smith’s asserted errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of obstruction evidence | Smith contends the State failed to prove knowingly obstructed officers. | State argues evidence showed resistance to lawful commands and attempted impoundment. | Evidence sufficient under Jackson v. Virginia |
| Ineffective assistance of counsel claims | Smith raised numerous ineffective-assistance claims on appeal. | State argues claims were not raised below and are waived. | Waiver; claims not reviewable on appeal |
| Speedy-trial violation | Smith asserts denial of speedy trial rights. | State maintains issue was not raised below and not timely raised on appeal. | Not reviewable on appeal for first-time assertion |
| Oath-of-office and related trial-court conduct | Smith claims judge's conduct violated oath and impartiality. | State argues lack of record support and merit for the claims. | No reversible error; claims meritless |
| Transcript omissions and record completeness | Smith alleges missing favorable evidence and incomplete record violated due process. | State notes burden on defendant to complete record; no demonstrated prejudice. | No reversible error; insufficient showing of harm |
Key Cases Cited
- Williams v. State, 217 Ga.App. 636 (1995) (limits appellate review to sufficiency; weighs credibility)
- Turner v. State, 274 Ga.App. 731 (2005) (obstruction conviction based on noncompliance with officer's orders)
- Stegall v. State, 308 Ga.App. 666 (2011) (ineffective-assistance claims must be raised at earliest practical moment)
- Buckley v. State, 270 Ga.App. 493 (2004) (failure to raise specific ineffective-assistance claims results in waiver)
- Moore v. State, 278 Ga.473 (2004) (issues raised for first time on appeal are not reviewed)
- Carr v. State, 267 Ga. 701 (1997) (record must demonstrate error with burden on defendant)
- Snyder v. State, 201 Ga.App. 66 (1991) (no reversible error without showing prejudice from incomplete record)
- Boone v. State, 250 Ga.App. 133 (2001) (hurdles to appellate review when no ruling is identified)
- Washington v. State, 276 Ga. 655 (2003) (proceedings and timely notices; mootness of procedural objections)