Thompkins v. State, 536 S.E.2d 747 (Ga. 2000). · Go Syfert
Thompkins v. State, 536 S.E.2d 747 (Ga. 2000). Cases Citing This Book View Copy Cite
30 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: Grier v. the State (gactapp, 2016-11-09)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) Grier v. the State
Ga. Ct. App. · 2016 · confidence medium
Thus, “this aspect of his ineffective assistance claim was waived because it was not raised at the hearing on the motion for new trial.” Thompkins v. State, 272 Ga. 835, 836 (2) (c) ( 536 SE2d 747 ) (2000).
discussed Cited as authority (rule) Robbins v. State
Ga. Ct. App. · 2008 · confidence medium
C., 258 Ga. App. 363, 365 (1) (a) ( 574 SE2d 413 ) (2002) (lack of coaching). 27 Mikell v. State, 281 Ga. App. 739, 745 (4) (b) ( 637 SE2d 142 ) (2006) (consistent statements). 28 (Citation omitted.) Moon v. State, 286 Ga. App. 360, 363 (2) (a) ( 649 SE2d 355 ) (2007). 29 (Citation omitted.) Elrod v. State, 222 Ga. App. 704, 707 (3) (a) ( 475 SE2d 710 ) (1996). 30 (Citations omitted.) Benham v. State, 277 Ga. 516, 517 ( 591 SE2d 824 ) (2004). 31 See, e.g., Brown v. State, 225 Ga. App. 49, 49-50 (1) (a) ( 483 SE2d 318 ) (1997) (defense counsel’s failure to call witness to elicit testimony not…
cited Cited as authority (rule) Palmer v. State
Ga. Ct. App. · 2007 · confidence medium
Thompkins v. State, 272 Ga. 835, 836-837 (2) (c) ( 536 SE2d 747 ) (2000).
cited Cited as authority (rule) Paul v. Smith, Gambrell & Russell
Ga. Ct. App. · 2004 · confidence medium
Thompkins v. State, 272 Ga. 835, 836 (2) (a) ( 536 SE2d 747 ) (2000); Holmes v. State, 272 Ga. 517, 520 (8) ( 529 SE2d 879 ) (2000).
discussed Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2004 · confidence medium
Leonard, Assistant District Attorney, for appellee. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 (Punctuation and footnotes omitted.) Columbus v. State, 270 Ga. 658, 660 (2) (a) ( 513 SE2d 498 ) (1999). 3 (Footnote omitted.) Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000). 4 Thompkins v. State, 272 Ga. 835, 836 (2) (c) ( 536 SE2d 747 ) (2000). 5 Sosbee v. State, 155 Ga. App. 196, 197 ( 270 SE2d 367 ) (1980).
discussed Cited as authority (rule) Trigger v. State
Ga. · 2002 · confidence medium
See Suggested Pattern Jury Instructions, Vol. II, Criminal Cases, 2nd ed., Part 4 (B) (1) (c), p. 69. 16 261 Ga. 865 ( 414 SE2d 463 ) (1992). 17 See Wright v. State, 275 Ga. 427, 429 ( 569 SE2d 537 ) (2002); Hufstetler v. State, 274 Ga. 343, 345 (3) ( 553 SE2d 801 ) (2001); Thompkins v. State, 272 Ga. 835, 836 (2) (c) ( 536 SE2d 747 ) (2000).
discussed Cited as authority (rule) Jones v. State
Ga. · 2002 · confidence medium
Even if the offense of felony murder had been before the jury," ‘there can be no harmful Edge violation when the jury convicts on a malice murder charge.’ ” Thompkins v. State, 272 Ga. 835, 837 (4) ( 536 SE2d 747 ) (2000), quoting Taylor v. State, 271 Ga. 497 (2) ( 521 SE2d 814 ) (1999).
cited Cited as authority (rule) Canada v. State
Ga. · 2002 · confidence medium
Thompkins v. State, 272 Ga. 835, 836 (2) (a) ( 536 SE2d 747 ) (2000).
discussed Cited as authority (rule) Anderson v. State
Ga. · 2002 · confidence medium
The case was docketed here on June 20, 2001 and orally argued on September 17, 2001. 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Moore v. State, 273 Ga. 11, 12 ( 537 SE2d 334 ) (2000). 4 See Mullins v. State, 270 Ga. 450, 451 ( 511 SE2d 165 ) (1999); Senase v. State, 258 Ga. 592, 592 ( 372 SE2d 813 ) (1988); see also Heidler v. State, 273 Ga. 54, 54 ( 537 SE2d 44 ) (2000). 5 261 Ga. 865 ( 414 SE2d 865 ) (1992). 6 See Bryant v. State, 271 Ga. 99, 101-102 ( 515 SE2d 836 ) (1999); Williams v. State, 255 Ga. 21, 23 ( 334 SE2d 691 ) (1985). 7 See Barron v. State…
discussed Cited as authority (rule) Rogers v. State
Ga. Ct. App. · 2002 · confidence medium
Johnson, P. J., and Ellington, J, concur. 1 The jury acquitted Rogers of two other child molestation counts. 2 See Loveless v. State, 245 Ga. App. 555 (1) ( 538 SE2d 464 ) (2000). 3 Thompkins v. State, 272 Ga. 835, 836-837 (2) (c) ( 536 SE2d 747 ) (2000); see also Spear v. State, 270 Ga. 628, 632 (5) ( 513 SE2d 489 ) (1999) (“The contentions of ineffectiveness not raised on motion for new trial by counsel appointed to represent [the defendant] are waived”). 4 See Simmons v. State, 251 Ga. App. 682, 686 (4) ( 555 SE2d 59 ) (2001). 5 (Punctuation omitted.) Id. 6 See Brownlow a State, 248 Ga.…
discussed Cited as authority (rule) Bruce v. State
Ga. Ct. App. · 2001 · confidence medium
To get hold of by effort... to acquire, in any way.” 7 Johnson v. State, 247 Ga. App. 157, 161 (6) ( 543 SE2d 439 ) (2000). 8 Jordan v. State, 242 Ga. App. 547, 549 (2) ( 528 SE2d 858 ) (2000). 9 Cook v. State, 273 Ga. 828, 830 (2) ( 546 SE2d 487 ) (2001) (“[a]ll issues concerning the weight and credit to be given the evidence concerning these statements [of venue] were for the jury”). 10 (Footnotes omitted.) Webb v. State, 249 Ga. App. 214, 216-217 (2) ( 547 SE2d 767 ) (2001). 11 (Punctuation omitted.) McCant v. State, 234 Ga. App. 433, 436 (3) ( 506 SE2d 917 ) (1998). 12 (Punctuation o…
discussed Cited as authority (rule) Himmel v. State
Ga. Ct. App. · 2000 · confidence medium
J., and Smith, P. J., concur. 1 USCR 31.1, 31.3. 2 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991); USCR 31.3 (B). 3 Riddle v. State, 208 Ga. App. 8, 11 (1) (b) ( 430 SE2d 153 ) (1993). 4 White v. State, 213 Ga. App. 429, 431 (1) ( 445 SE2d 309 ) (1994). 5 Id. 6 Supra. 7 White, supra. 8 Id. 9 Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). 10 Id. at 687-689 . 11 (Citations omitted.) Stansell v. State, 270 Ga. 147, 150 (2) ( 510 SE2d 292 ) (1998). 12 Whitner v. State, 202 Ga. App. 608, 609 ( 415 SE2d 52 ) (1992). 13 Kinney v. State, 234 Ga. Ap…
discussed Cited "see" Hufstetler v. State (2×)
Ga. · 2001 · signal: see · confidence high
See Thompkins v. State, 272 Ga. 835, 836 (2) (c) ( 536 SE2d 747 ) (2000).
discussed Cited "see, e.g." Morgan v. State (2×)
Ga. · 2002 · signal: see also · confidence medium
See also Thompkins v. State, 272 Ga. 835, 837 (3) ( 536 SE2d 747 ) (2000).
discussed Cited "see, e.g." Moon v. State (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
See also the old two-prong test set forth in Aguilar v. Texas, 378 U. S. 108 (84 SC 1509, 12 LE2d 723) (1964). 8 (Citation omitted.) Walthour v. State, 269 Ga. 396, 398, n. 8 ( 497 SE2d 799 ) (1998). 9 Hendrix v. State, 242 Ga. App. 678, 680 ( 530 SE2d 804 ) (2000). 10 (Citation and punctuation omitted.) Thompkins v. State, 272 Ga. 835, 836-837 (2) (c) ( 536 SE2d 747 ) (2000). 11 (Citations and punctuation omitted.) McNair v. State, 240 Ga. App. 324, 325 (2) ( 523 SE2d 392 ) (1999). 12 Cleveland v. Bryant, 236 Ga. App. 459, 461 (4) ( 512 SE2d 360 ) (1999).
Thompkins
v.
the State
S00A1341.
Supreme Court of Georgia.
Oct 2, 2000.
536 S.E.2d 747
Orin L. Alexis, for appellant., Spencer Lawton, Jr., District Attorney, Jerome M. Rothschild, Jr., Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Tammie J. Philbrick, Assistant Attorney General, for appellee.
Thompson.
Cited by 15 opinions  |  Published
Thompson, Justice.

Aaron Cedric Thompkins III was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jason McDonald. This appeal followed the denial of Thompkins’ motion for new trial. [1] Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that on November 21,1997, Thompkins was on the front porch of a friend’s house in Savannah. McDonald approached on a bicycle with a friend sitting on the handlebars. When Thompkins saw McDonald, he grabbed his gun, which was hidden in a grill on the porch, and began chasing McDonald and his friend. McDonald, also holding a gun, jumped off the bicycle and ran into the street.[*836] Thompkins cut through a side street, met McDonald head on, and fired five shots at him. One bullet struck McDonald and killed him. Thompkins fled the scene, disposed of the gun, and escaped to Atlanta.

1. The evidence is sufficient to enable any rational trier of fact to find Thompkins guilty beyond a reasonable doubt of malice murder and possession of a firearm during the commission of a crime. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Thompkins asserts that his trial counsel was ineffective in (a) failing to give notice in order to present evidence of McDonald’s prior bad acts; (b) admitting in opening statement that Thompkins shot McDonald; and (c) failing to challenge three specific jurors for cause. To prevail on this claim, Thompkins must show that counsel’s performance was deficient and that, but for the deficient performance, there is a reasonable likelihood that the jury would have returned a different verdict. Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).

(a) Trial counsel testified at the hearing on the motion for new trial that he did not give notice to present evidence of McDonald’s specific bad acts because, although McDonald was charged with a violent felony, the charges were dropped when witnesses said they had been forced to give statements incriminating McDonald. In this regard counsel averred that he could not rely upon the witnesses and chose not to call them to testify in order to retain the final closing argument.

In view of trial counsel’s testimony, it cannot be said that his failure to give notice of McDonald’s prior bad acts was ineffective assistance. “Decisions regarding which witnesses to present are matters of trial strategy. When founded on legitimate evidentiary concerns, such decisions do not constitute ineffective assistance of counsel.” DeYoung v. State, 268 Ga. 780, 786 (5) (493 SE2d 157) (1997). See also Slade v. State, 270 Ga. 305 (2) (509 SE2d 618) (1998) (matters of trial strategy and tactic should not be judged in hindsight).

(b) Trial counsel relied on the defense of justification because Thompkins alleged that McDonald shot at him before he fired shots at McDonald. Because a justification defense requires the defendant to concede that he shot the victim, it cannot be said that trial counsel was ineffective when he admitted in the opening statement that Thompkins shot McDonald.

(c) Thompkins argues that counsel was ineffective for failing to challenge three specific jurors for cause, but this aspect of his ineffective assistance claim was waived because it was not raised at the hearing on the motion for new trial. “Any ineffective counsel challenge will be deemed waived if the new attorney files an amended motion for new trial and does not raise the issue before the trial court[*837] so that the challenge can be heard at the earliest practicable moment, i.e., during the hearing on the amended motion.” Thompson v. State, 257 Ga. 386, 388 (2) (359 SE2d 664) (1987).

Decided October 2, 2000. Orin L. Alexis, for appellant. Spencer Lawton, Jr., District Attorney, Jerome M. Rothschild, Jr., Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Tammie J. Philbrick, Assistant Attorney General, for appellee.

3. Thompkins asserts that the trial court erred when it gave a charge on felony murder because Thompkins was not given notice of the underlying felony of aggravated assault. However, Thompkins was convicted of malice murder, not felony murder; thus, Thompkins’ assertion is without merit. Even if Thompkins had been convicted of felony murder, the malice murder indictment in this case charging Thompkins with causing the death of McDonald “by shooting [him] with a gun” contained sufficient facts to put Thompkins on notice that he was accused of killing McDonald as a result of an aggravated assault. Borders v. State, 270 Ga. 804, 807 (514 SE2d 14) (1999).

4. Thompkins asserts that the trial court erred in giving a sequential charge on murder, felony murder, and voluntary manslaughter in violation of Edge v. State, 261 Ga. 865 (414 SE2d 463) (1992). However, defendant was convicted of malice murder and “there can be no harmful Edge violation when the jury convicts on a malice murder charge.” Taylor v. State, 271 Ga. 497 (2) (521 SE2d 814) (1999).

5. “A trial court is duty-bound to recharge on any part of the charge when the jury so requests, but a trial court does not err by limiting a recharge to the specific points raised by the jury’s inquiry.” Sinkfield v. State, 266 Ga. 726, 727 (470 SE2d 649) (1996) (citing Williams v. State, 263 Ga. 135, 136-137 (429 SE2d 512) (1993)). It follows that, since the jury specifically requested a recharge on only malice murder and felony murder, the trial court did not err in limiting its recharge to those points of law.

Judgment affirmed.

All the Justices concur.
1

Thompkins was indicted on February 25, 1998, and charged with malice murder and possession of a firearm during the commission of a crime. Trial commenced on February 22, 1999. Two days later, the jury returned a verdict of guilty on both counts of the indictment. The trial court sentenced Thompkins to life in prison for malice murder and five years (consecutive) for possession of a firearm during the commission of a crime. Thompkins’ timely filed amended motion for new trial was denied on October 13,1999, and he filed a motion for leave to file an out of time appeal on January 20, 2000. The motion.was granted on January 28, 2000, and Thompkins filed a notice of appeal on February 15, 2000. The appeal was docketed in this Court on April 26, 2000, and submitted for decision on the briefs on June 19, 2000.