Strong v. State
308 Ga. App. 558
Ga. Ct. App.2011Background
- Strong was convicted by jury in Douglas County of two counts aggravated assault and two counts of possession of a firearm during the assaults, involving two victims who were neighbors and a married couple.
- The victims had loaned Strong a car vacuum; after dispute, Strong opened his door with a 9-mm pistol and threatened them, with multiple witnessestestifying he pointed the gun.
- Strong’s defense at trial was that he did not brandish a gun and that the victims and others lied about the weapon due to a personal grudge.
- Trial counsel discovered during investigation that the male victim had 1988 robbery by intimidation and 1990 aggravated assault convictions in Bibb County, and attempted to obtain certified copies but received no response from Bibb County officials.
- The court denied a continuance to investigate further; later, appellate counsel submitted certified copies of the Bibb convictions at the motion for new trial.
- The victim also had a 2002 child molestation arrest in Fulton County with no disposition listed; counsel sought more information but the records were not readily available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to obtain certified convictions | Strong argues counsel failed to obtain certified copies of prior felonies to impeach. | Strong’s trial counsel chose to allocate resources to other defenses, deeming impeachment evidence a strategic matter. | Not ineffective; decision was a reasonable trial strategy and lacked prejudice. |
| Admissibility and impact of the first offender plea on bias | The first offender plea evidence would show bias in favor of the State and aid impeachment. | Even if admissible to show potential bias, failure to uncover details did not affect the outcome. | No reasonable probability of different outcome; bias evidence would not have altered result. |
Key Cases Cited
- Allen v. State, 286 Ga. 392 (2010) (ineffective assistance requires both deficient performance and prejudice)
- Brown v. State, 293 Ga.App. 633 (2008) (evidence viewed in light most favorable to verdict)
- Lewis v. State, 302 Ga.App. 506 (2010) (impeachment via prior convictions is a trial strategy decision)
- Manley v. State, 287 Ga. 338 (2010) (bias considerations for probation-era circumstances)
- Smith v. State, 276 Ga. 263 (2003) (probative value of bias evidence; probation context)
- Herndon v. State, 235 Ga.App. 258 (1998) (trial strategy in allocating defense resources)