Williams v. the State
330 Ga. App. 606
| Ga. Ct. App. | 2015Background
- At ~1:00 a.m. the victim bought cigarettes at a gas station, asked Williams (driver of a red Corvette) for a light, and an argument ensued.
- Williams retrieved a gun from his car during the dispute and shot the victim in the legs and buttocks; the victim sought help at a nearby apartment and was taken to the hospital.
- Police found Williams beside the red Corvette holding a gun; he was detained and later gave a custodial statement admitting he shot the victim to protect his property.
- Surveillance video, the victim’s testimony, and Williams’s admissions formed the State’s primary evidence at trial.
- At trial, an arresting officer testified he did not speak to the victim at the hospital and said the victim would be “mistaken” if he claimed otherwise; another officer later testified he did interview the victim at the hospital.
- Williams was convicted of aggravated assault, possession of a firearm during a crime, and aggravated battery; he appealed the denial of his motion for new trial.
Issues
| Issue | Williams' Argument | State's/Respondent's Argument | Held |
|---|---|---|---|
| Whether officer’s testimony that the victim was “mistaken” impermissibly bolstered or was speculative | Testimony impermissibly bolstered victim or was speculative and should have been excluded | Objection below was only to speculation; bolstering argument waived; any error harmless given overwhelming evidence | Court: Bolstering claim waived; any speculation error harmless given surveillance, victim testimony, and Williams’s confession — no reversible error |
| Whether trial counsel was ineffective for not requesting a curative instruction or mistrial after the officer’s remark | Counsel’s failure to seek curative instruction or mistrial prejudiced Williams under Strickland | Counsel’s choices were strategic, reasonable, and likely futile; no prejudice shown | Court: No ineffective assistance — strategic decision and requests would likely have been denied; no reasonable likelihood of different outcome |
Key Cases Cited
- Goss v. State, 305 Ga. App. 497 (Ga. Ct. App. 2010) (appellate review views evidence in light most favorable to verdict and defers credibility to jury)
- Arnold v. State, 301 Ga. App. 714 (Ga. Ct. App. 2009) (failure to object on a specific ground at trial waives that ground on appeal)
- Archer v. State, 291 Ga. App. 175 (Ga. Ct. App. 2008) (admission errors can be harmless when overwhelming evidence of guilt exists)
- Littlejohn v. State, 320 Ga. App. 197 (Ga. Ct. App. 2013) (strategic choices by counsel generally do not constitute ineffective assistance)
- Owens v. State, 271 Ga. App. 365 (Ga. Ct. App. 2005) (failure to make a meritless or futile motion is not ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (defendant must show deficient performance and resulting prejudice to prevail on ineffective assistance claim)