Patterson v. State

Summary

The Supreme Court of Georgia affirmed Kiwani Patterson’s convictions for malice murder and possession of a firearm by a convicted felon during a crime. The court held that the evidence was sufficient, that the trial court properly exercised its discretion in denying a motion for new trial on the general grounds, and that Patterson’s ineffective-assistance claims were waived because they were not raised at the first possible stage of post-conviction review.

Holdings

1. The evidence was legally sufficient to support Patterson's convictions for malice murder and possession of a firearm by a convicted felon during a crime.
2. The trial court did not err in denying Patterson's motion for new trial on the general grounds because the record showed that it properly exercised its discretion as the thirteenth juror.
3. Patterson's ineffective-assistance claims were waived for purposes of direct appellate review because he failed to raise them at the first possible stage of post-conviction review while represented by new counsel.

Questions Presented

1. Whether the evidence was legally sufficient to support Patterson's convictions for malice murder and possession of a firearm by a convicted felon during a crime.
2. Whether the trial court erred by denying Patterson's motion for new trial on the general grounds under OCGA §§ 5-5-20 and 5-5-21.
3. Whether Patterson's ineffective-assistance-of-counsel claims were reviewable on direct appeal when they were not raised in the motion for new trial despite his representation by new counsel.

Disposition

affirmed