Fortson v. State, 280 Ga. 435

Summary

The Supreme Court of Georgia affirmed Michael Fortson's convictions for felony murder and attempted armed robbery following his retrial. The court rejected his claims of ineffective assistance of counsel and denial of a complete transcript from his first trial, holding that counsel's performance was effective and that the transcript issue was both unpreserved and substantively meritless.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Fortson guilty of felony murder and two counts of attempted armed robbery.
2. Fortson failed to establish prejudice from counsel's failure to call a witness who allegedly was near him but could not identify him.
3. Counsel's decision not to call Fortson's niece was a reasonable strategic decision and did not constitute deficient performance.
4. Fortson failed to show ineffective assistance arising from counsel's request for a continuance.
5. The transcript claim was not preserved for appeal and, in any event, lacked substantive merit.

Questions Presented

1. Whether trial counsel rendered ineffective assistance by failing to investigate adequately, failing to call a witness supporting Fortson's alibi, and requesting a continuance.
2. Whether Fortson was denied a fair trial because he was not provided a complete transcript of his first trial.
3. Whether the evidence was sufficient to support the convictions.

Disposition

affirmed