Turnbull v. State
317 Ga. App. 719
Ga. Ct. App.2012Background
- Turnbull was convicted in a bench trial of making harassing phone calls to his former girlfriend, N. C.
- Evidence showed Turnbull repeatedly called and appeared at N. C.’s residence/work after breakup; he asserted his purpose was to recover belongings.
- December 19–20, 2009 events included multiple calls, a theft of Turnbull’s belongings, and threats about jail; N. C. sought protective orders.
- Turnbull contradicted the State’s portrayal, claiming calls were to retrieve belongings and denying harassment.
- Defense sought a directed verdict; the trial court denied it; judgment entered on a guilty finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported intent to harass beyond reasonable doubt | Turnbull argues calls aimed to recover property, not harass | State contends evidence supports harassing purpose | Yes, sufficient evidence to find intent to harass beyond reasonable doubt |
| Whether defense counsel was ineffective | Turnbull claims inadequate preparation and failure to call witnesses | State asserts counsel acted within wide professional discretion and no prejudice shown | No reversible ineffective-assistance demonstrated |
| Whether Turnbull knowingly and intelligently waived jury trial | Record insufficient to show knowing waiver | Record shows thorough on-record inquiry and voluntary waiver | Waiver was knowing, voluntary, and intelligent |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for convicting on appeal)
- Dickens v. State, 280 Ga. 320 (Ga. 2006) (trial counsel standard and witness-whether to testify)
- Shank v. State, 290 Ga. 844 (Ga. 2012) (trial strategy in witness selection and evidence presentation)
- Bunn v. State, 307 Ga. App. 381 (Ga. App. 2010) (limits on claims of ineffective assistance for failure to call witnesses)
- Strong v. State, 275 Ga. 465 (Ga. 2002) (preparation for testifying claim analysis)
- Perkins v. Hall, 288 Ga. 810 (Ga. 2011) (prejudice prong in ineffective-assistance—probability of different outcome)
