Wilson v. State, 313 Ga. 319

April 25, 2016: Jimeshia Gordon was shot and killed in her apartment; her 13‑month‑old daughter was found bleeding at the scene. Appellant Roney Wilson called 911 and left before police arrived.
Witness Veronica Wilson (Appellant’s sister) told officers and, in a recorded interview played for the jury, that she overheard Terrance Williamson tell Appellant that Gordon was cheating and later heard Appellant say he “pulled a gun out, we wrestled with the gun, and then … I shot her,” and that it was an accident.
Autopsy showed a .22‑caliber bullet entered above the right clavicle on a downward trajectory; range was listed as “indeterminate” (expert testimony equated that generally to more than 18 inches). No murder weapon was recovered.
Appellant fled and was arrested months later; a jury convicted him of felony murder, aggravated assault, second‑degree cruelty to children, and possession of a firearm during the commission of a felony; he received life plus consecutive terms.
On appeal, Wilson raised a single claim: ineffective assistance of trial counsel — (1) failure to object to Williamson’s out‑of‑court statement as hearsay/Confrontation Clause violation, and (2) counsel’s choice to pursue an accident (all‑or‑nothing) defense allegedly contradicted by expert testimony.

Issue	Wilson’s Argument	State’s Argument	Held
1) Failure to object to Williamson’s statement as hearsay/Confrontation Clause violation	Trial counsel should have objected because it was an out‑of‑court statement by a non‑testifying witness used to show that Gordon was cheating	The statement was offered to show its effect on Appellant (motive), not the truth of the allegation, and was non‑testimonial so Confrontation Clause does not apply	Court: No deficient performance — the testimony was non‑hearsay (effect on listener) and non‑testimonial; a hearsay or Confrontation objection would have been meritless
2) Choice to pursue an accident (acquittal) defense despite expert testimony	Trial counsel’s accident defense was contradicted by the medical‑examiner’s testimony about range/trajectory, so counsel was ineffective for not pursuing lesser‑included conviction (involuntary manslaughter)	Defense strategy was reasonable and supported by autopsy/trajectory evidence indicating a downward path consistent with a struggle; counsel obtained a jury instruction on involuntary manslaughter and Appellant approved the all‑or‑nothing strategy	Court: No deficient performance — counsel’s strategy was a reasonable, client‑approved trial choice supported by evidence; requesting a lesser‑offense instruction also preserved that alternative for the jury

Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance standard requiring deficient performance and prejudice)
Romer v. State, 293 Ga. 339 (2013) (presumption that counsel’s conduct falls within reasonable professional norms)
Gates v. State, 298 Ga. 324 (2016) (out‑of‑court statements offered for their effect on the listener are not hearsay)
Walker v. State, 306 Ga. 637 (2019) (failure to make a meritless hearsay objection is not ineffective assistance)
Favors v. State, 296 Ga. 842 (2015) (Confrontation Clause covers testimonial statements whose primary purpose is to establish evidence for prosecution)
Denson v. State, 307 Ga. 545 (2019) (statements made in non‑investigative, non‑forensic contexts are generally non‑testimonial)
Hendrix v. State, 298 Ga. 60 (2015) (trial counsel’s choice of defense is a strategic decision entitled to deference)
Richards v. State, 306 Ga. 779 (2019) (trial tactics sustain ineffectiveness claims only if patently unreasonable)
Smith v. State, 301 Ga. 348 (2017) (pursuit of an all‑or‑nothing defense is a permissible trial strategy)