During a traffic stop, an officer requested the name and birth date of the defendant who then ran from the vehicle. The officer followed him and was shot. DeKalb Superior Court convicted the defendant of criminal attempt to commit malice murder, aggravated assault on a police officer, two counts of possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The defendant claimed that his counsel was ineffective.
Georgia’s Court of Appeals reviewed his case, looking particularly at the attorney’s failure to object to a jury charge. The Court determined that the trial court’s instruction was accurate and that an objection would have been pointless. The Appeals Court upheld the trial court’s judgment and showed that the performance of the defendant’s attorney was sufficient.
Georgia Appeals Court Explains How Trial Court Inadvertently Impacted Plea Negotiations