Conaway v. State, 589 S.E.2d 108 (Ga. 2003). · Go Syfert
Conaway v. State, 589 S.E.2d 108 (Ga. 2003). Cases Citing This Book View Copy Cite
124 citation events (124 in the last 25 years) across 2 distinct courts.
Strongest positive: Wilcox v. State (ga, 2020-11-12)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 43 distinct citers.
discussed Cited as authority (rule) Wilcox v. State
Ga. · 2020 · confidence medium
As to Appellant’s affirmative defense of coercion, his self- serving testimony “at most created a conflict with other evidence 8 that showed his participation in the crimes was voluntary,” (punctuation omitted) Brooks v. State, 305 Ga. 600, 605 ( 826 SE2d 45 ) (2019) (quoting Conaway v. State, 277 Ga. 422, 423 ( 589 SE2d 108 ) (2003)), and “it is not for this Court to either weigh or resolve conflicts in the evidence; those matters are left firmly within the province of the jury.” Lowery v. State, 310 Ga. 360, 362 (1) (a) ( 851 SE2d 538 ) (2020).
discussed Cited as authority (rule) Perez v. State
Ga. · 2020 · confidence medium
See also Vega v. State, 285 Ga. 32, 33 (1) ( 673 SE2d 223 ) (2009) (“It was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” (citation and punctuation omitted)); Conaway v. State, 277 Ga. 422, 423 (1) ( 589 SE2d 108 ) (2003) (concluding that the evidence supporting the appellant’s convictions was legally sufficient, notwithstanding his testimony that he was coerced to commit the crimes, which “at most created a conflict with other evidence that showed his participation in the crimes was voluntary”).
discussed Cited as authority (rule) Walker v. State
Ga. · 2020 · confidence medium
Further, given the indirect nature of the remark in the letter, it would have been reasonable for trial counsel to decide against having the jury instructed that the statement could be deemed an admission or confession. “[A]s counsel articulated a valid strategic decision regarding [this] instruction, failure to request [this] charge is not ineffective assistance.” Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). (f) Finally, the cumulative prejudice from any assumed deficiencies discussed in Division 3 (b), (c), and (d) is insufficient to show a reasonable probability that …
discussed Cited as authority (rule) McClure v. State (2×)
Ga. · 2019 · confidence medium
Such an omission will likely be harmless error and almost certainly will not amount to plain error.20 19 See, e.g., Blackwell v. State, 302 Ga. 820, 825-826 ( 809 SE2d 727 ) (2018) (holding that “[i]t was not patently unreasonable for trial counsel, rather than risk losing credibility, to make the strategic decision not to seek a voluntary manslaughter charge” and instead to pursue an all-or-nothing justification defense, where the evidence of voluntary manslaughter was weak and contradicted the defendant’s claim that he acted in self-defense); Morrison v. State, 300 Ga. 426, 428 ( 796 S…
discussed Cited as authority (rule) Cochran v. State
Ga. · 2019 · confidence medium
While the defense did not dispute that Cochran could have been in Americus at some point, the trial transcript reflects that trial counsel withdrew the requested instruction out of concern that it would have suggested to the jury that Cochran was not just in the area but, inexplicably, at the scene of the murder. “[A]s counsel articulated a valid strategic decision regarding a [mere presence] instruction, failure to request that charge is not ineffective assistance.” Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited as authority (rule) Brooks v. State
Ga. · 2019 · confidence medium
See Jackson v. Virginia, 443 U.S. 307, 319 ( 99 SCt 2781 , 61 LE2d 560) (1979); Vega v. State, 285 Ga. 32, 33 ( 673 SE2d 223 ) (2009) (“It was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” (citation and punctuation omitted)); Conaway v. State, 277 Ga. 422, 423 ( 589 SE2d 108 ) (2003) (concluding that the evidence supporting the appellant’s convictions was legally sufficient, notwithstanding his testimony that he was coerced to commit the crimes, which “at most created a conflict with other evidence that show…
discussed Cited as authority (rule) John L. Hughes v. State
Ga. Ct. App. · 2013 · confidence medium
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,17 that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.18 However, this court is not required to address both components if the defendant has made an insufficient showing on one.19 Both the performance and prejudice prongs of the ineffectiveness 14 See generally Columbus, supra. 15 See Miller v. State, 303 Ga. App. 422, 424 ( 693 SE2d 637 ) (2010) (“In the absence of a proffer of . . . testimony or other evidence to demonstrate harm…
discussed Cited as authority (rule) Gregory Johnson v. State
Ga. Ct. App. · 2013 · confidence medium
He asserts that a reasonable probability exists that, had his trial lawyer given him meaningful advice, he would have accepted that offer. [P]rior to trial an accused is entitled to rely upon his counsel to make an independent examination of the facts, circumstances, pleadings and laws involved and then to offer his informed opinion as to what plea 17 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 18 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 19 Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000). 20 Id. at 88 (4). 15 should be entered.
discussed Cited as authority (rule) Olena Russu v. State
Ga. Ct. App. · 2013 · confidence medium
On direct examination, the prosecutor asked the officer, “So the first thing [Russu] told you was that her husband had done services and this was payment for his 13 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 14 Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000). 15 Id. at 88 (4). 9 services?” He answered, “Yes, ma’am.” The prosecutor questioned the officer about the details of the bank scene and about Russu’s demeanor, before returning to: “As the conversation with her went on, did her story change?” The officer responded, “Yes, ma’am, it did,�…
cited Cited as authority (rule) State v. Wofford
Ga. Ct. App. · 2013 · confidence medium
Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited as authority (rule) State v. Chad Randall Wofford
Ga. Ct. App. · 2013 · confidence medium
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,6 that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.7 Both the performance and prejudice prongs of the ineffectiveness inquiry are mixed questions of law and fact.8 In reviewing a trial court’s determination regarding a claim of ineffective assistance of counsel, this court upholds the trial court’s factual findings unless they are clearly erroneous; we review the trial court’s legal conclusions de novo.9 5 Further, the trial …
discussed Cited as authority (rule) Glenard Rico Wright v. State
Ga. Ct. App. · 2013 · confidence medium
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,46 that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.47 Both the performance and prejudice prongs of the ineffectiveness inquiry are mixed questions of law and fact.48 In reviewing a trial court’s determination regarding a claim of ineffective assistance of counsel, this court upholds the trial court’s factual findings unless they are clearly erroneous; we review the trial court’s legal conclusions de novo.49 “If an appellan…
discussed Cited as authority (rule) Nathan Badie v. State
Ga. Ct. App. · 2012 · confidence medium
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,15 that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.16 Both the performance and prejudice prongs of the ineffectiveness inquiry are mixed questions of law and fact.17 In reviewing a trial court’s determination regarding a claim of ineffective assistance was taken shortly after defendant accompanied victim’s boyfriend to hide cash in victim’s bedroom, and that defendant told police that he had won the big wad of money discover…
cited Cited as authority (rule) Wade v. State
Ga. Ct. App. · 2012 · confidence medium
Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited as authority (rule) Hendricks v. State
Ga. · 2011 · confidence medium
“Counsel’s decision as to which requests to charge to pursue in light of the defense theory is a strategic one.” Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). (b) Hendricks asserts that it was error for trial counsel not to call expert witnesses, but does not show what favorable evidence would have been elicited from such witnesses, or even suggest in what areas such witnesses should have expertise.
discussed Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2011 · confidence medium
Conaway v. State, 277 Ga. 422, 424 (2) (589 *834 SE2d 108) (2003). “[W]here, as here, the issue is the ineffective assistance of trial counsel in failing to object to [security measures], [Davis] is entitled to relief only if he . . . can show that there is a reasonable probability that the [security measures] affected the outcome of the trial.” Whatley v. Terry, 284 Ga. 555, 571-572 (V) (D) ( 668 SE2d 651 ) (2008).
discussed Cited as authority (rule) Raybon v. State
Ga. Ct. App. · 2011 · confidence medium
Andrews and McFadden, JJ., concur. 1 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 3 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000). 4 See OCGA § 16-6-3 (a) (a person commits the offense of statutory rape when he or she *366 engages in sexual intercourse with any person under the age of 16 years and not his or her spouse). 5 State v. Corhen, 306 Ga. App. 495, 496-497 ( 700 SE2d 912 ) (2010) (citation and punctuation omitted). 6 Id. at 497 (citation omitted); see Lowe v. State, 276 Ga. 53…
discussed Cited as authority (rule) Gregoire v. State (2×)
Ga. Ct. App. · 2011 · confidence medium
Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). “[T]he question of ineffectiveness, including both the performance and prejudice prongs, is a mixed question of law and fact. . . subject to independent review by the appellate court.” Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000).
discussed Cited as authority (rule) Relaford v. State
Ga. Ct. App. · 2010 · confidence medium
And the jury in this case was so instructed. 3 See Furlow v. State, 272 Ga. 795, 796 (2) ( 537 SE2d 61 ) (2000). 4 See Karafiat v. State, 290 Ga. App. 15, 17 (2) ( 658 SE2d 801 ) (2008). 5 See id. 6 Hafez v. State, 290 Ga. App. 800, 802 (3) (a) ( 660 SE2d 787 ) (2008) (citations omitted). 7 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 8 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 9 Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000). 10 Id. at 88 (4). 11 Arrington v. State, 286 Ga. 335, 348 (17) ( 687 SE2d 438 ) (2009) (recognizing principle that when a criminal …
cited Cited as authority (rule) Lambert v. State
Ga. · 2010 · confidence medium
OCGA § 16-3-26; 2 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited as authority (rule) Newton v. State
Ga. Ct. App. · 2010 · confidence medium
Such claim to the contrary notwithstanding, “[cjounsel’s decision as to which requests to charge to pursue in light of the defense theory is a strategic one. [Cit.]” Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited as authority (rule) Allen v. State
Ga. Ct. App. · 2010 · confidence medium
Malcolm, Assistant District Attorney, for appellee. 1 See Hudson v. State, 273 Ga. 124, 126-127 (3) ( 538 SE2d 751 ) (2000) (an audiotape of a 911 call can be authenticated by the testimony of one who was a party to the conversation recorded on the tape). 2 See Brown v. State, 274 Ga. App. 302, 303-304 (2) ( 617 SE2d 227 ) (2005) (applying abuse of discretion standard of review in considering whether audiotape was erroneously admitted for failure to authenticate it). 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 5 Suggs v. …
discussed Cited as authority (rule) ADEM v. State
Ga. Ct. App. · 2009 · confidence medium
Smith, P J., and Bernes, J., concur. 1 OCGA § 16-5-70 (b). 2 OCGA § 16-5-24. 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 5 Williams v. State, 265 Ga. 681, 682 (1) ( 461 SE2d 530 ) (1995) (citations and punctuation omitted). 6 Suggs v. State, 272 Ga. 85, 87 (4) ( 526 SE2d 347 ) (2000). 7 Id. at 88 (4). 8 See Watkins v. State, 285 Ga. 355, 357 (2) ( 676 SE2d 196 ) (2009) (when ruling on a claim of ineffective assistance, this court does not evaluate counsel’s trial tactics and strategic decisions in hindsight); Smith v.…
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 3 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000) (footnote omitted). 4 Turpin v. Curtis, 278 Ga. 698, 700 (1) ( 606 SE2d 244 ) (2004) (citations omitted). 5 See id.; Sims v. State, 278 Ga. 587, 592 (3) (d) ( 604 SE2d 799 ) (2004); Stroud v. State, 284 Ga. App. 604, 614 (3) (d) ( 644 SE2d 467 ) (2007). 6 Robinson v. State, 278 Ga. 31, 35 (3) (b) ( 597 SE2d 386 ) (2004). 7 1 F3d 159 (3d Cir. 1993). 8 Id. at 166-167 . 9 Thompson v…
examined Cited as authority (rule) Bass v. State (7×) also: Cited "see"
Ga. Ct. App. · 2007 · confidence medium
See Conaway v. State, 277 Ga. 422, 424 (2), 589 S.E.2d 108 (2003). [5] (Citations and punctuation omitted.) Worthy v. State, 286 Ga.App. 77, 79 (2), 648 S.E.2d 682 (2007). [6] (Citations and punctuation omitted.) Smith v. State, 282 Ga.App. 339, 345 (4), 638 S.E.2d 791 (2006). [7] Lajara v. State, 263 Ga. 438, 440 (3), 435 S.E.2d 600 (1993). [8] Suggs v. State, 272 Ga. 85, 88 (4), 526 S.E.2d 347 (2000). [9] 379 U.S. 466 , 85 S.Ct. 546 , 13 L.Ed.2d 424 (1965). [10] 263 Ga. 47 , 426 S.E.2d 868 (1993). [11] 268 Ga. 286 , 486 S.E.2d 887 (1997). [12] (Punctuation omitted.) Radford, supra at 48 (1),…
discussed Cited as authority (rule) Dixon v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Everritt v. State, 277 Ga. 457 ( 588 SE2d 691 ) (2003). 2 Panzner v. State, 273 Ga. App. 868 ( 616 SE2d 201 ) (2005). 3 Price v. State, 280 Ga. 193, 195 (2) ( 625 SE2d 397 ) (2006). 4 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 5 Pye v. State, 274 Ga. 839, 840 (2) ( 561 SE2d 109 ) (2002), citing Jackson v. Virginia, 443 U. S. 307 (99 SC 2781,61 LE2d 560) (1979); see OCGA§ 16-10-24; Gordon v. State, 199 Ga. App. 704, 705 (2) ( 406 SE2d 110 ) (1991). 6 See generally Whitner v. State, 276 Ga. 742, 744 (3) ( 584 SE2d 247 ) (2003); J…
discussed Cited as authority (rule) Simmons v. State
Ga. Ct. App. · 2007 · confidence medium
Smith, P. J., and Ruffin, J., concur. 1 “Personal Mail Box.” 2 Simmons was later assigned mailbox 143. 3 Jackson v. State, 267 Ga. 130, 131 (3) ( 475 SE2d 637 ) (1996) (citation and. punctuation omitted). 4 Turner v. State, 231 Ga. App. 747, 747-748 (1) ( 500 SE2d 628 ) (1998) (punctuation and footnotes omitted). 5 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 See Court of Appeals Rule 25 (a) (1), (c) (3) (i). 7 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 8 See Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 9 Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) …
discussed Cited as authority (rule) Espinosa v. State
Ga. Ct. App. · 2007 · confidence medium
Tom Durden, District Attorney, Henry P. Smith, Assistant District Attorney, for appellee. 1 Ruiz v. State, 277 Ga. App. 178 ( 626 SE2d 136 ) (2006) (citations and footnote omitted); see also Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Brown v. State, 267 Ga. App. 642, 645 (1) ( 600 SE2d 731 ) (2004) (footnote omitted). 3 Terrell v. State, 268 Ga. App. 173, 174 (2) ( 601 SE2d 500 ) (2004) (punctuation omitted). 4 See OCGA§ 24-4-6. 5 See Lee v. State, 281 Ga. App. 479, 479-482 (1) ( 636 SE2d 547 ) (2006); Jordan v. State, 281 Ga. App. 419, 423 (1) ( 636 SE2d 151 ) (20…
discussed Cited as authority (rule) Ford v. State
Ga. Ct. App. · 2007 · confidence medium
Smith, P. J., and Ruffin, J., concur. 1 See Kennedy v. State, 279 Ga. App. 415, 416 (1) ( 631 SE2d 462 ) (2006). 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Revere v. State, 277 Ga. App. 393, 394 (1) (a) ( 626 SE2d 585 ) (2006). 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 See Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 5 Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) (1993). 6 Id. 7 Suggs v. State, 272 Ga. 85, 87-88 (4) ( 526 SE2d 347 ) (2000).
discussed Cited as authority (rule) Feaster v. State
Ga. Ct. App. · 2007 · confidence medium
Katz, Assistant District Attorney, for appellee. 1 Martinez v. State, 278 Ga. App. 500 ( 629 SE2d 485 ) (2006) (citations omitted). 2 See OCGA §§ 16-8-41 (a) (armed robbery); 16-11-106 (b) (possession of a firearm during commission of a felony); see generally Marlin v. State, 273 Ga. App. 856, 858-859 (2) ( 616 SE2d 176 ) (2005) (circumstantial evidence is sufficient to establish the use of a gun during an armed robbery). 3 Elliott v. State, 253 Ga. 417, 420 (2) (a) ( 320 SE2d 361 ) (1984) (citations omitted). 4 See id.; Williams v. State, 262 Ga. App. 864, 866 (2) ( 586 SE2d 751 ) (2003). 5…
discussed Cited as authority (rule) Buckholts v. State
Ga. Ct. App. · 2007 · confidence medium
Smith, P. J., and Ruffin, J., concur. 1 See generally Totino v. State, 266 Ga. App. 265, 265-266 (1) (a) ( 596 SE2d 749 ) (2004). 2 Collins v. State, 273 Ga. 93, 94 (2) ( 538 SE2d 47 ) (2000), citing Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 3 See Collins, supra; Stinson v. State, 254 Ga. App. 810, 813 (3) ( 564 SE2d 39 ) (2002). 4 Ledford v. State, 275 Ga. App. 107, 110 ( 620 SE2d 187 ) (2005) (citation omitted); compare *258 Gilstrap v. State, 261 Ga. 798, 799 (1) (b) ( 410 SE2d 423 ) (1991) (incident 31 years in the past was too remote). 5 See Fielding v. State, 2…
discussed Cited as authority (rule) Gravitt v. State
Ga. · 2005 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Conaway v. State, 277 Ga. 422, 423 (1) ( 589 SE2d 108 ) (2003); Luther v. State, 255 Ga. 706, 709 (3) ( 342 SE2d 316 ) (1986). *34 2.
discussed Cited as authority (rule) Sweet v. State (2×)
Ga. · 2004 · confidence medium
In any event, "[c]ounsel's decision as to which requests to charge to pursue in light of the defense theory is a strategic one." Conaway v. State, 277 Ga. 422, 424 (2), 589 S.E.2d 108 (2003).
discussed Cited as authority (rule) Leonard v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Johnson, P. J., concur. 1 (Footnote omitted.) Faulkner v. State, 260 Ga. App. 794 ( 581 SE2d 365 ) (2003). 2 See Gray v. State, 260 Ga. App. 197,198 (1) ( 581 SE2d 279 ) (2003); Slater v. State, 209 Ga. App. 723, 724 (1) ( 434 SE2d 547 ) (1993). 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 5 Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) (1993). 6 Suggs v. State, 272 Ga. 85, 87-88 (4) ( 526 SE2d 347 ) (2000). 7 Mack v. State, 242 Ga. App. 256, 258 (2) (c) ( 529 SE2d 393 ) (2000). 8 Id. 9 See Roberts v. Stat…
discussed Cited as authority (rule) Bruce v. State
Ga. Ct. App. · 2004 · confidence medium
NOTES [1] 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [2] See Conaway v. State, 277 Ga. 422, 424 (2), 589 S.E.2d 108 (2003). [3] Lajara v. State, 263 Ga. 438, 440 (3), 435 S.E.2d 600 (1993). [4] Suggs v. State, 272 Ga. 85, 87-88 (4), 526 S.E.2d 347 (2000). [5] See Roberts v. State, 263 Ga. 807, 808 (2)(b), 439 S.E.2d 911 (1994). [6] See Washington v. State, 276 Ga. 655, 659 (3)(c), 581 S.E.2d 518 (2003). [7] (Citation and punctuation omitted.) Berry v. State, 267 Ga. 476, 482 (4)(i), 480 S.E.2d 32 (1997). [8] Turpin v. Christenson, 269 Ga. 226, 239 (12)(b), 497 S.E.2d 216 (1998). [9…
discussed Cited as authority (rule) Mosely v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2004 · confidence medium
J., and Johnson, P. J., concur. 1 Other counts in the indictment are not relevant to this appeal. 2 Milam v. State, 255 Ga. 560, 562 (2) ( 341 SE2d 216 ) (1986). 3 (Citation and punctuation omitted.) Lawrence v. State, 274 Ga. 794 (2) ( 560 SE2d 17 ) (2002). 4 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 5 See Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 6 Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) (1993). 7 Suggs v. State, 272 Ga. 85, 87-88 (4) ( 526 SE2d 347 ) (2000). 8 Hall v. State, 264 Ga. 85, 86 (2) ( 441 SE2d 245 ) (1994); Shelton v. State, 251 Ga. App…
discussed Cited "see" Neville Turnbull v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,11 that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense.12 Both the performance and 9 Id. at 705-706 (punctuation and footnotes omitted). 10 See OCGA § 16-11-39.1; see generally Davidson, supra at 706 (history of defendant’s ongoing actions, threats, and refusal to leave his former girlfriend alone authorized a rational trier of fact to find beyond a reasonable doubt that the contact at issue was for the purpose of harassing and int…
discussed Cited "see" Taylor v. State (2×)
Ga. · 2007 · signal: see · confidence high
See Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). (b) Taylor claims that trial counsel should have pursued a psychological examination of her to determine whether she could assert the defenses of mental incapacity by insanity, OCGA§ 16-3-2, 3 and delusional compulsion, OCGA § 16-3-3. 4 Counsel testified that, based upon his dealings with Taylor, he did not believe that any such examination was necessary.
discussed Cited "see" State v. Johnson (2×)
Ga. · 2006 · signal: see · confidence high
See Conaway v. State, 277 Ga. 422, 423 (1) ( 589 SE2d 108 ) (2003).
discussed Cited "see" Bruce v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003).
discussed Cited "see, e.g." Rankin v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
Edwards, Assistant District Attorneys, for appellee. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Merritt v. State, 285 Ga. 778, 779 (1) ( 683 SE2d 855 ) (2009) (citations omitted); see OCGA § 24-4-6. 3 Sims v. State, 278 Ga. 587, 589 (1) ( 604 SE2d 799 ) (2004). 4 See OCGA § 16-8-41 (a) (providing, inter alia, that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or immediate presence of another by use of an offensive weapon); Adams v. State, 245 Ga. App. 607, 609 (…
discussed Cited "see, e.g." McClain v. State (2×)
Ga. Ct. App. · 2010 · signal: see also · confidence medium
Smith, P. J., and Bernes, J., concur. 1 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979) (emphasis omitted). 2 See Boyd v. State, 291 Ga. App. 528, 530 ( 662 SE2d 295 ) (2008). 3 Pecina v. State, 274 Ga. 416, 419 (2) ( 554 SE2d 167 ) (2001) (citation and punctuation omitted). 4 Boyd, supra (footnote omitted). 5 See OCGA § 16-8-2 (a person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the m…
discussed Cited "see, e.g." Thomas v. State (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence medium
See also Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003); OCGA § 16-3-26. 6 Compare Jones v. State, 226 Ga. App. 619, 621 (1) ( 487 SE2d 371 ) (1997) (defendant’s testimony that his co-defendant forced his participation by pointing a gun at him, giving him orders, and causing him to fear for his life entitled him to a charge on coercion, even absent a request). 7 (Citation omitted.) Hardegree v. State, 230 Ga. App. 111, 113 (4) ( 495 SE2d 347 ) (1998), citing Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 8 (Citation and punctuation omitted.) Green…
Conaway
v.
the State
S03A0665.
Supreme Court of Georgia.
Nov 26, 2003.
589 S.E.2d 108
Carla J. Friend, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Madonna M. Heinemeyer, Assistant Attorney General, for appellee.
Hines.
Cited by 58 opinions  |  Published
Hines, Justice.

Etheridge Conaway appeals his convictions for malice murder, armed robbery, kidnapping, and possession of a firearm during the commission of a felony, all in connection with the death of Antonio Johnson. [1] For the reasons that follow, we affirm.

[*423] Construed to support the verdicts, the evidence showed that on the night of December 31, 1997-January 1, 1998, Conaway, Paul Green, Cornelius Mason, and others were at Mason’s house. See Green v. State, 274 Ga. 686 (558 SE2d 707) (2002). They were celebrating the New Year by drinking, taking drugs, and firing weapons in the air. Shortly after midnight, Johnson arrived, accompanied by Sanders, to purchase drugs. When Johnson entered the house, he possessed a green jacket, a wallet with some money in it, and a paycheck stub.

Mason believed that Johnson had certain knowledge concerning a prior attempt to rob Mason. Conaway, Mason, and Green held pistols on Johnson and Sanders and kept them captive. Conaway took Sanders from the house at gunpoint; they returned, and Sanders was permitted to leave. Johnson’s jacket, wallet, and paycheck stub were taken. Conaway shot Johnson in the chest, with the muzzle of the pistol pressed against Johnson’s torso. While Johnson was still alive, Conaway and Green removed him from the house, placed him in a car, and drove to another location, where Green took Johnson from the car and shot him five times. Conaway and Green then hid their pistols.

1. Conaway challenges the sufficiency of the evidence, arguing that his testimony demonstrates that his shooting Johnson was the result of an accident which occurred when Conaway and another man reached for a pistol at the same time and Conaway fell, and that any additional participation in the crimes was the result of coercion. But Conaway’s testimony at most created a conflict with other evidence that showed his participation in the crimes was voluntary, and the evidence authorized the jury to reject Conaway’s testimony and find, beyond a reasonable doubt, Conaway to be guilty of all crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Holmes v. State, 269 Ga. 124,125 (1) (498 SE2d 732) (1998).

[*424] 2. Conaway also asserts that he did not receive effective assistance of trial counsel. In order to prevail on this claim, he must show both that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense. Smith v. Francis, 253 Ga. 782, 783 (1) (325 SE2d 362) (1985), citing Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). In particular, Conaway contends that counsel was ineffective for failing to request a jury charge on coercion. See OCGA § 16-3-26.

But counsel testified at the hearing on the motion for new trial that, after discussion, he and Conaway decided to pursue an accident defense, and that counsel did not believe it would be fruitful to attempt to argue both accident and coercion as doing so could confuse the jury. There is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Rucker v. State, 271 Ga. 426 (520 SE2d 693) (1999). Counsel’s decision as to which requests to charge to pursue in light of the defense theory is a strategic one. Canada v. State, 275 Ga. 131, 133 (2) (562 SE2d 508) (2002). That decision is not judged in hindsight, or by its result; as counsel articulated a valid strategic decision regarding a coercion instruction, failure to request that charge is not ineffective assistance. Slade v. State, 270 Ga. 305, 307 (2) (509 SE2d 618) (1998).

Further, even had such a jury charge been warranted and requested, the omission of the instruction would have been harmless beyond a reasonable doubt. See Romine v. State, 256 Ga. 521, 530 (4) (350 SE2d 446) (1986). First, coercion is no defense to murder:

A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.

OCGA § 16-3-26. Second, “[t]he danger [faced by the defendant] must not be one of future violence, but of present and immediate violence, at the time of the commission of the forbidden act.” Burns v. State, 89 Ga. 527, 528 (5) (15 SE 748) (1892). See also Wilson v. State, 255 Ga. App. 497, 499 (565 SE2d 847) (2002). Conaway testified that he feared Mason. But his own testimony as to why he did not end his criminal behavior when he and Sanders left the house, or when he and Green took Johnson away from the house, was that his fear was of future retribution from Mason. Accordingly, had the jury been instructed on coercion, there is no likelihood that the result of his trial would have been different. Smith, supra.

Judgments affirmed.

All the Justices concur. [*425] Decided November 26, 2003. Carla J. Friend, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Madonna M. Heinemeyer, Assistant Attorney General, for appellee.
1

Johnson was killed on the night of December 31, 1997-January 1, 1998. On February 6, 1998, a Fulton County grand jury indicted Conaway for malice murder, felony murder while in the commission of aggravated assault, armed robbery, three counts of aggravated assault against Johnson, one count of aggravated assault against Leroy Sanders, two counts of kidnapping, two counts of false imprisonment, one count of possession of a firearm during the commission of a felony against Johnson, and one count of possession of a firearm during the commission of a felony against Sanders; on most counts he was named as a co-defendant with Paul Benjamin Green, Todd Jefferson, and Cornelius Mason. Conaway was tried with Green and Mason on September 28-October 8, 1998, and was found guilty of all charges, as were they. However, each one’s motion for new trial was granted on August 11, 1999. The three were again tried before a jury on August 14-30, 2000, and Conaway was found guilty on all charges, except one charge of aggravated assault, on which he was acquitted. On September 15, 2000, Conaway was sentenced, but the sentence included a prison term for a count on which Conaway was not indicted. On February 28, 2001, he was re-sentenced to terms of life in prison for malice murder, life in prison for armed robbery, to be served con[*423] secutively to the malice murder sentence, two terms of twenty years in prison for kidnapping, to be served concurrently with each other and consecutively to the term for malice murder, and two terms of five years in prison for possession of a firearm during the commission of a felony, to be served concurrently with each other and consecutively to the term for malice murder; the felony murder charge stood vacated by operation of law and the trial court found that the three aggravated assault charges for which Conaway was found guilty merged as a matter of fact with the malice murder, and that the two false imprisonment charges likewise merged as a matter of fact with the two kidnapping charges. See Malcolm v. State, 263 Ga. 369, 371-374 (4), (5) (434 SE2d 479) (1993). Conaway moved for an out-of-time appeal on October 30, 2000, which apparently was granted; his motion for a new trial was filed on February 13, 2001, and amended on December 14, 2001. The motion for new trial was denied on October 8, 2002. Conaway’s notice of appeal was filed on November 4, 2002, the appeal was docketed in this Court on January 16, 2003, and submitted for decision on March 10, 2003.