Williams v. State
310 Ga. App. 90
Ga. Ct. App.2011Background
- Williams robbed Wendy's in Bainbridge at about 12:30 a.m. on Feb 16, 2002; he was an employee who had just left his shift.
- The robber fled with about $3,200 after threatening the shift manager with a gun; police responded promptly.
- Williams was found nearby emerging from a wooded area on a bicycle; clothing and items linked to the robbery were recovered nearby.
- Video showed a red snowman sweatshirt, black jogging pants with striped shorts showing, and a beanie cap matching items found.
- At the station, Williams identified a wristwatch as his; striped boxer shorts were later found, and a sewer issue caused their retrieval.
- Williams moved for a new trial on ineffective assistance grounds, arguing inadequate pretrial meetings and a suppression motion; the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial preparation adequate? | Williams argues counsel met him too infrequently. | State contends no deficiency shown; no evidence of lost information. | No merit; no proof of deficient preparation. |
| Should suppression have been pursued for evidence? | Williams contends illegal arrest and fruit of poisonous tree. | State argues items were abandoned property; no suppression warranted. | Court denied suppression; items abandoned; no prejudice. |
| Prejudice under Strickland standard | Ineffective assistance affected trial outcome. | No reasonable probability of different result identified. | No prejudice shown; Strickland standard not satisfied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes prejudice and performance standard)
- Davenport v. State, 308 Ga.App. 140 (Ga. Ct. App. 2011) (no magic time for adequate trial preparation)
- Willis v. State, 309 Ga.App. 414 (Ga. Ct. App. 2011) (affirms Strickland standard application)
- McKinnon v. State, 305 Ga.App. 871 (Ga. Ct. App. 2010) (abandoned property and search-related principles cited)