McDougal v. State, 667 S.E.2d 592 (Ga. 2008). · Go Syfert
McDougal v. State, 667 S.E.2d 592 (Ga. 2008). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: Carter v. State (ga, 2009-06-17)
Top citers, strongest first. 5 distinct citers.
cited Cited as authority (rule) Carter v. State
Ga. · 2009 · confidence medium
McDougal v. State, 284 Ga. 427, 428 (2), 667 S.E.2d 592 (2008).
discussed Cited as authority (rule) Smith v. State
Ga. · 2008 · confidence medium
Rev. 573 (2008). 10 OCGA § 24-9-100. 11 OCGA § 24-9-107 (a). 12 New York v. Guzman, 555 NE2d 259, 263 (N.Y. 1990). 13 In this case, the trial court had the two sign language interpreters take an oath swearing that during jury deliberations, they would “interpret what other jurors are saying and what she’s saying [i.e., the hard-of-hearing juror]” and “not interject your own opinions, conclusions, or comments.” Smith and Lightburn have presented not one shred of evidence that the interpreters did anything other than comply fully with their oath, and trial counsel had no reason to su…
discussed Cited "see" Kelley v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See generally McDougal v. State, 284 Ga. 427, 428 (2) ( 667 SE2d 592 ) (2008) (trial counsel’s decision to forego calling defense witness based upon belief that the witness’s testimony would be cumulative and that testimony might “backfire” before the jury was a reasonable strategic one).
discussed Cited "see" Burce v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
Smith, P. J., and Bernes, J., concur. 1 Smith v. State, 283 Ga. 237, 238 (2) ( 657 SE2d 523 ) (2008) (citation omitted); see Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 McDougal v. State, 284 Ga. 427, 428 (2) ( 667 SE2d 592 ) (2008). 3 Smith, supra. 4 Strickland, supra at 691 . 5 Jowers v. State, 260 Ga. 459, 462 (2) ( 396 SE2d 891 ) (1990) (citing Strickland, supra). 6 Id. 7 Id. 8 287 Ga. App. 389 ( 651 SE2d 504 ) (2007) (overruled on other grounds by O’Neal v. State, 285 Ga. 361 ( 677 SE2d 90 ) (2009)). 9 Lamb, supra at 391 (2). 10 Turpin v. Lipham, 270 Ga.…
discussed Cited "see, e.g." Buis v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
Smith, P. J., and Mikell, J., concur. 1 See, e.g., Goolsby v. State, 299 Ga. App. 330, 330-31 ( 682 SE2d 671 ) (2009); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 Once there, a closer inspection of the maintenance truck showed that the lock on its passenger door had been popped open. 3 OCGA § 16-8-2. 4 OCGA § 16-8-18. 5 OCGA § 40-6-395 (b) (5) (A) (iii). 6 Chapman v. State, 273 Ga. 348, 349-50 (2) ( 541 SE2d 634 ) (2001); see Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). 7 E.g., Chapman, 273 Ga. at 35…
McDOUGAL
v.
THE STATE
S08A1692.
Supreme Court of Georgia.
Oct 6, 2008.
667 S.E.2d 592
David J. Koontz, for appellant., Patrick H. Head, District Attorney, Dana J. Norman, Assistant , District Attorney, Thurbert E. Baker, Attorney General, Sheila E. , Gallou), Assistant Attorney General, for appellee.
Melton.
Cited by 6 opinions  |  Published
Melton, Justice.

Following a jury trial, Howard Lewis McDougal appeals his convictions for murder, armed robbery, kidnapping, and possession of a firearm, [1] contending that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, on May 7, 2000, McDougal and his accomplice, Allan Johnson, drove to a convenience store to commit a robbery. Once there, McDougal entered the store, sat at an arcade game, and observed the store while Johnson waited outside in his car. Once McDougal felt comfortable, he summoned Johnson. Upon reentering the store, McDougal forced the store clerk at gunpoint to lock the store’s door and give him the contents of the cash register. McDougal then forced the clerk to lay on the floor and shot him in the back of the head, thereby killing him. McDougal and Johnson then fled the store, locking the door behind them and turning out the lights.

Johnson testified at trial, recounting the robbery and the murder of the clerk by McDougal. In addition, the murder weapon, a gun owned by McDougal, was found in a dumpster outside of the chemical plant where McDougal was employed. Keys to the convenience store and the clerk’s car were found at Johnson’s home, and[*428] lottery tickets stolen from the store and ammunition were found at McDougal’s home. Also, witnesses testified that, around the time of the shooting, they saw a heavy-set male matching McDougal’s description at the convenience store wearing a blue and gold t-shirt with big flowers on it. This t-shirt was later discovered at McDou-gal’s home. In addition, witnesses also gave matching descriptions of Johnson and Johnson’s car which was parked in the convenience store’s parking lot.

Decided October 6, 2008. David J. Koontz, for appellant. Patrick H. Head, District Attorney, Dana J. Norman, Assistant

1. This evidence was sufficient to enable the jury to find McDougal guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Griffin v. State, 280 Ga. 683 (631 SE2d 671) (2006) (evidence sufficient to find aggravating circumstances under OCGA § 17-10-30 (b)).

2. McDougal contends that trial counsel rendered ineffective assistance by failing to call Jeffrey Owens to the stand for the purpose of testifying that McDougal was financially stable at the time of the burglary, thereby reducing any motive to commit the crime. To prove ineffective assistance, McDougal must prove both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance. Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). If an appellant fails to prove one prong of the Strickland test, the reviewing court does not have to examine the other prong. Id. at 697 (IV). See also Fuller v. State, 277 Ga. 505 (3) (591 SE2d 782) (2004).

It is well settled that “[strategic decisions regarding . . . which witnesses to call are within the exclusive province of the attorney after consultation with the client and do not amount to ineffective assistance.” (Citation omitted.) Smith v. State, 283 Ga. 237, 240 (2) (c) (657 SE2d 523) (2008). At the motion for new trial hearing, McDougal’s trial counsel testified that he did not call Owens because (1) he believed that there was already sufficient evidence that McDougal was employed and (2) he feared that, during sentencing, the evidence might “backfire,” causing the jury to become enraged that McDougal could kill someone over a few hundred dollars of money he did not actually need. Trial counsel’s reasonable strategic decision not to elicit this information from Owens does not comprise ineffective assistance of counsel. Id.

Judgment affirmed.

All the Justices concur. [*429] District Attorney, Thurbert E. Baker, Attorney General, Sheila E. Gallou), Assistant Attorney General, for appellee.
1

On October 6, 2000, McDougal and his co-defendant, Allan Johnson, were indicted for malice murder, felony murder, armed robbery, kidnapping, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. The State sought the death penalty, and following this Court’s interim review, see McDougal v. State, 277 Ga. 493 (591 SE2d 788) (2004), McDougal was tried before a jury and convicted of all counts against him. Thereafter, McDougal was sentenced to life imprisonment without the possibility of parole for malice murder, life imprisonment for armed robbery, twenty concurrent years for kidnapping, five concurrent years for possession of a firearm by a convicted felon, and five consecutive years for possession of a firearm during the commission of a crime. McDougal’s conviction for felony murder was vacated by operation of law. Malcolm v. State, 263 Ga. 369 (4) (434 SE2d 479) (1993). McDougal filed a motion for new trial on June 3, 2004, and amended the motion on April 26, 2006. The trial court denied the motion for new trial on July 18, 2006. McDougal then filed a notice of appeal on August 17, 2006, and an amended notice on April 1, 2008. McDougal’s appeal was docketed in this Court on June 25, 2008, and submitted for decision on the briefs.