Terrell v. State, 304 Ga. 183

On March 18, 2006, Willie Terrell shot and killed Anthony Thomas and Tanisha Johnson and wounded Tanisha’s one‑year‑old son; Thomas was struck repeatedly, including from the back. Terrell was arrested and gave a custodial interview claiming self‑defense.
At trial a jury convicted Terrell of malice murder, felony murder, aggravated assault, and firearm possession; he received consecutive life sentences and additional terms.
After the prosecution rested, the court conducted an extensive, out‑of‑jury colloquy informing Terrell of his right to testify; Terrell said he wanted to testify but was “too upset” and requested a continuance until the next morning.
The trial court denied the overnight continuance and required that, if he wished to testify, Terrell must do so that day; Terrell declined to testify and the court found he voluntarily waived his right.
On appeal Terrell argued the court’s refusal to grant the continuance and the ultimatum effectively deprived him of his constitutional right to testify. The Georgia Supreme Court affirmed.

Issue	Terrell's Argument	State's Argument	Held
Whether the trial court deprived Terrell of his constitutional right to testify by refusing an overnight continuance and effectively forcing waiver	Court’s ultimatum coerced waiver; continuance to next morning would have allowed him to testify and cure his distress	Court acted within discretion; defendant understood rights, asked only for delay without showing necessity, and scheduling discretion justified denial	Denied relief. No deprivation: defendant knowingly waived at that time and court did not abuse discretion in denying continuance

Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
Hoffler v. State, 292 Ga. 537 (2013) (credibility and justification are jury questions)
Danenberg v. State, 291 Ga. 439 (2012) (defendant’s right to testify is fundamental but subject to reasonable limits)
Rock v. Arkansas, 483 U.S. 44 (1987) (defendant’s right to testify not absolute; procedural rules may limit testimony)
Johnson v. State, 300 Ga. 252 (2016) (trial scheduling and continuance decisions lie within court’s discretion)
Ealy v. State, 251 Ga. 426 (1983) (trial judges need latitude in scheduling; continuances disfavored absent compelling reasons)
Weis v. State, 287 Ga. 46 (2010) (anxiety is expected in criminal defendants and is not alone a basis for relief)
United States v. Ly, 646 F.3d 1307 (11th Cir. 2011) (waiver invalid where defendant clearly misunderstood right to testify)
United States v. Alexander, 869 F.2d 808 (5th Cir. 1989) (denial of continuance for acute anxiety not abuse absent incapacity to assist defense)
Davis v. State, 240 Ga. 763 (1978) (denial of continuance not abuse where defendant fails to show how extra time would help)
Childs v. State, 257 Ga. 243 (1987) (short recess adequate; overnight delay not required to preserve right to testify)
Malcolm v. State, 263 Ga. 369 (1993) (procedural note on merger and operation of law for convictions)
Owens v. State, 303 Ga. 254 (2018) (commentary on appellate delay)