Jones v. State, 276 Ga. 663

Summary

The Supreme Court of Georgia affirmed in part and remanded in part the denial of Daryl Jones's motion for a new trial following convictions arising from a fatal shooting. The court held that the evidence was sufficient, that bifurcated proceedings did not violate double jeopardy, and that the ineffective-assistance claim required a remand for a hearing because it had not been raised in the trial court.

Holdings

1. The evidence was sufficient to enable a rational trier of fact to find Jones guilty beyond a reasonable doubt of the offenses for which he was convicted.
2. Submitting the felony-murder charge after the jury had returned a verdict of voluntary manslaughter on the malice-murder count did not violate double jeopardy.
3. Jones was procedurally barred from asserting ineffective assistance of trial counsel for the first time on appeal because he had not raised the issue in the trial court and no hearing had been held on it; however, the case had to be remanded for a hearing on the claim.

Questions Presented

1. Whether the evidence was sufficient to support Jones's convictions.
2. Whether submitting the felony-murder charge to the jury after the jury had found Jones guilty of voluntary manslaughter on the malice-murder count violated double jeopardy.
3. Whether Jones could assert ineffective assistance of trial counsel for the first time on appeal when the claim had not been raised in the trial court or in the amended motion for new trial.

Disposition

other