Cornell v. State, 277 Ga. 228

Summary

The Supreme Court of Georgia affirmed Wilmer Cornell’s convictions for malice murder and possession of a firearm during the commission of a felony. The court held that trial counsel was not ineffective for failing to request an accident instruction or present a firearms expert, and it rejected claims concerning the admission of a victim photograph and the aggravated-assault jury charge.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Cornell guilty beyond a reasonable doubt of the crimes for which he was convicted.
2. Counsel was not ineffective for failing to request an accident instruction because the evidence did not support an accident defense; intentionally firing a gun at the victim does not invoke accident even if the defendant intended only to scare or drive the victim back.
3. Counsel was not ineffective for choosing to cross-examine the State's firearm expert rather than presenting a defense expert because the choice was not patently unreasonable.
4. The trial court did not abuse its discretion by admitting a photograph of the victim taken during life because such photographs are admissible for comparison with postmortem photographs to establish the victim's identity.
5. The challenge to the aggravated-assault instruction was moot because the aggravated-assault conviction merged into the malice-murder conviction as a matter of fact, and Cornell was not sentenced on aggravated assault or on any count relying on it.

Questions Presented

1. Whether the evidence was sufficient to support Cornell's convictions for malice murder and possession of a firearm during the commission of a felony.
2. Whether trial counsel was ineffective for failing to request a jury instruction on accident.
3. Whether trial counsel was ineffective for failing to present an expert witness to refute the State's firearm expert.
4. Whether the trial court erred by admitting a photograph of the victim taken during life.
5. Whether the jury instruction on aggravated assault was reversible error when the aggravated-assault conviction merged into the malice-murder conviction and Cornell was not sentenced on aggravated assault.

Disposition

affirmed