Summary
The Supreme Court of Georgia affirmed Derrick Jones’s convictions and life sentence for malice murder. The court held that the evidence was sufficient, that counsel was not ineffective regarding testimony about narcotics or the use of Jones’s prior robbery conviction, and that the indictment underlying the prior conviction was admissible. All justices concurred.
Holdings
- The evidence was sufficient to authorize a rational trier of fact to find Jones guilty of malice murder beyond a reasonable doubt.
- Counsel was not ineffective for failing to object or move for a mistrial because the challenged reference was relevant to motive, and any objection would have been fruitless.
- Counsel was not ineffective for failing to request a limiting instruction or stipulation concerning Jones's prior robbery conviction.
- Counsel was not ineffective for failing to request alteration or redaction of the indictment used to prove Jones's prior-convicted-felon status.
Questions Presented
- Whether the evidence was sufficient to support Jones's malice-murder conviction.
- Whether trial counsel was ineffective for failing to object or move for a mistrial after a witness referred to narcotics as the subject of the dispute.
- Whether trial counsel was ineffective for failing to request a limiting instruction or stipulation concerning Jones's prior robbery conviction used to establish his status as a convicted felon.
- Whether trial counsel was ineffective for failing to request redaction or alteration of the indictment evidencing Jones's prior conviction.
Disposition
affirmed
Cases Cited (19)
- Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993)(applied)
- Givens v. State, 273 Ga. 818, 546 S.E.2d 509 (2001)(followed)
- Jackson v. Virginia, 443 U.S. 307 (1979)(followed)
- Wright v. State, 276 Ga. 419, 577 S.E.2d 782 (2003)(followed)
- Baldwin v. State, 263 Ga. 524, 435 S.E.2d 926 (1993)(followed)
- Strickland v. Washington, 466 U.S. 668 (1984)(followed)
- Hudson v. State, 277 Ga. 581, 591 S.E.2d 807 (2004)(followed)
- Holcomb v. State, 268 Ga. 100, 485 S.E.2d 192 (1997)(followed)
- Johnson v. State, 260 Ga. 457, 396 S.E.2d 888 (1990)(followed)
- Collins v. State, 273 Ga. 30, 538 S.E.2d 34 (2000)(followed)
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Cited In (0)
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Court Document
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