Carter v. The State

Summary

The Georgia Court of Appeals affirmed Travis Carter’s convictions for first degree homicide by vehicle predicated on hit and run, hit and run, and the lesser included offense of second degree homicide by vehicle. The court held that trial counsel was not ineffective for failing to request a justification instruction or object to the trial court’s response to a jury question concerning vehicular homicide and causation.

Holdings

1. Counsel did not perform deficiently by failing to request a justification instruction because the instruction was not supported by the evidence. Carter created the situation by striking the victim and had the available option of returning to or remaining near the scene while contacting emergency medical services and law enforcement rather than fleeing.
2. Counsel did not perform deficiently by failing to object because the trial court acted within its discretion in declining to answer the jury's initial question directly, providing the requested definition of vehicular homicide, and supplying the written charge, which included proximate cause.
3. Carter's cumulative-error claim failed because he did not establish any deficient performance or other error to aggregate.

Questions Presented

1. Whether trial counsel was ineffective for failing to request a jury instruction on justification under OCGA §§ 16-3-20(5) and (6).
2. Whether trial counsel was ineffective for failing to object to the trial court's response to the jury's question concerning whether vehicle homicide required Carter's fault or causation.
3. Whether the alleged deficiencies had a cumulative prejudicial effect.

Disposition

affirmed