Tela v. State
320 Ga. App. 465
| Ga. Ct. App. | 2013Background
- Tela convicted by a jury on six counts of aggravated assault, four counts of a firearm during a crime, and one count of criminal damage to property; motion for new trial denied and appeal filed on claims of ineffective assistance of counsel.
- He argues trial counsel failed to object to improper character testimony and failed to adequately investigate the case.
- Evidence showed Thrash, Tela's ex-girlfriend, at the Farley home; phone exchanges, a threatening pursuit, voices in voicemails, and gunfire connected to Tela.
- Voicemail recordings and voice-related testimony were admitted and used to attack Tela's state of mind and motive for the crimes.
- The trial court applied Strickland v. Washington two-prong standard and found trial counsel's performance not deficient; record supports adequacy of representation.
- The court affirmed the denial of Tela's motion for new trial, holding no prejudice established from counsel's actions in the challenged areas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to object to Thrash relationship testimony | Tela asserts objection to character evidence was merited. | State contends the evidence was admissible to show relationship and motive. | Not ineffective; evidence admissible and objection meritless. |
| Ineffective assistance regarding admission of voice mail recordings | Tela claims failure to object or to investigate those recordings prejudiced the defense. | State argues recordings relevant to motive; admissible despite potential prejudice. | Not ineffective; recordings admissible and probative of motive. |
| Ineffective assistance concerning trial counsel's investigation (scene, gun location, witnesses) | Tela contends counsel failed to investigate critical leads that could have altered outcome. | Counsel conducted discovery, interviewed witnesses when possible, and pursued defense strategy. | Not prejudicial; no showing of likely different outcome. |
Key Cases Cited
- Strickland v. Washington, 466 U. S. 668 (1984) (establishes two-prong deficient performance and prejudice standard)
- Donald v. State, 312 Ga. App. 222 (2011) (appellate review of trial court factual findings; independence in applying law)
- Quintero v. State, 279 Ga. App. 497 (2006) (admission of prior abuse evidence to show relationship and motive)
- Attaway v. State, 259 Ga. App. 822 (2003) (prior offenses evidence not unduly prejudicial if probative)
- Thornton v. State, 292 Ga. 87 (2012) (motive evidence admissible; inflammatory but relevant)