Hill v. State, 284 Ga. 521

668 S.E.2d 673 (2008) · Supreme Court of Georgia · October 27, 2008 · No. S08A1320

Summary

The Supreme Court of Georgia affirmed Kendius Quwantez Hill’s conviction for malice murder and life sentence. The court rejected Hill’s claims that trial counsel was ineffective for failing to address hearsay testimony adequately and for requesting a jury instruction concerning corroboration of a defendant’s statement. The court held that counsel’s performance was not deficient and that Hill failed to establish prejudice under Strickland v. Washington.

Holdings

  1. The evidence was sufficient for a rational trier of fact to find Hill guilty of malice murder beyond a reasonable doubt.
  2. Hill failed to establish ineffective assistance because counsel promptly objected, moved for a mistrial, obtained a continuing objection and a curative hearsay instruction, and Hill could not show deficient performance or prejudice.
  3. Counsel was not ineffective for requesting the challenged jury instruction because the decision was not patently unreasonable, the instruction was legally supported and favorable to the defense, the State independently requested the same charge, and Hill failed to show prejudice.

Questions Presented

  1. Whether the evidence was sufficient to support Hill's conviction for malice murder.
  2. Whether trial counsel was ineffective for failing to prevent or cure allegedly prejudicial hearsay testimony concerning police investigative leads.
  3. Whether trial counsel was ineffective for requesting a jury instruction concerning corroboration of a defendant's statement that allegedly conflicted with the defense strategy.

Disposition

affirmed

Cases Cited (16)

  • Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)(applied)
  • Jones v. State, 280 Ga. 205, 625 S.E.2d 1 (2005)(applied)
  • Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)(applied)
  • White v. State, 283 Ga. 566, 662 S.E.2d 131 (2008)(applied)
  • King v. State, 282 Ga. 505, 651 S.E.2d 711 (2007)(applied)
  • Jones v. State, 278 Ga. 880, 608 S.E.2d 229 (2005)(applied)
  • Fennell v. State, 271 Ga.App. 797, 611 S.E.2d 96 (2005)(analogized)
  • Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006)(applied)
  • Cross v. State, 271 Ga. 427, 520 S.E.2d 457 (1999)(applied)
  • Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006)(applied)

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