Thornton v. State
292 Ga. 796
Ga.2013Background
- Rogers was killed by a gunshot on January 1, 2008; Thornton was convicted of malice murder, armed robbery, possession of a firearm during a felony, and possession of a firearm by a convicted felon, with theft by receiving later reversed.
- Gun identified as the victim’s killer’s firearm; gun owner testified it was stolen in Rockdale County in 2005; weapon traced to owner.
- Evidence supported a reasonable jury’s finding of malice murder, armed robbery, and related firearm offenses; a separate conviction for theft by receiving was later reversed.
- Thornton did not testify; defense argued ineffective assistance of counsel for not calling him and for failing to object to a lineup-related testimony about the makeup of photographic lineups.
- Trial included a mug-shot lineup testimony that referenced an arrest photo; the lineup evidence was claimed to place Thornton’s character in issue.
- Final disposition: convictions affirmed except theft by receiving reversed; portions addressing ineffective assistance were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for theft by receiving | State argued knowledge inferred from possession of recently stolen property | Thornton contends no evidence showed knowledge gun was stolen | Theft by receiving reversed |
| Effectiveness of trial counsel re: defendant’s testimony | State contends counsel adequately advised and declined to call testimony | Thornton asserts counsel deprived him of his right to testify | No ineffective assistance; trial court properly found understanding and decision not to testify |
| Effectiveness of counsel re: lineup testimony objection | State argues mug-shot lineup testimony did not prejudice outcome | Thornton claims failure to object allowed bad-character inference | No reversible error; not enough to change outcome |
| Right to testify and trial strategy in light of on-record colloquy | State/defendant dispute over whether defendant understood rights and chose not to testify | Thornton maintains improper advice and coercion risk | Colloquy substantial; decision to testify remained with defendant; no reversible error |
Key Cases Cited
- Mobley v. State, 264 Ga. 854 (1995) (defendant’s right to testify is personal; counsel’s advice crucial)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for proving guilt beyond reasonable doubt)
- Rock v. Arkansas, 483 U.S. 44 (1987) (right to testify and waiver of that right must be voluntary)
- United States v. Teague, 953 F.2d 1525 (11th Cir. 1992) (cautionary guidance on defendant’s right to testify)
- Nejad v. State, 286 Ga. 695 (2010) (on advisement of right to testify and decision to testify)
- Wells v. State, 268 Ga. App. 62 (2004) (knowledge inferred from possession of recently-stolen property; need for additional proof of knowledge)