Harris v. State

2 Citing cases

  1. Reed v. State

    294 Ga. 877 (Ga. 2014)   Cited 16 times

    See Wesley, 286 Ga. at 356, 689 S.E.2d 280 (failure to make meritless objection does not constitute deficient performance). (b) As to the failure to request an instruction on voluntary manslaughter, even if we were to find that there was slight evidence necessitating the giving of such an instruction upon request, see Harris v. State, 263 Ga. 492(2), 435 S.E.2d 671 (1993), we cannot find that trial counsel's performance was objectively unreasonable given Reed's failure to adduce any testimony from trial counsel at the new trial hearing. See Davis v. State, 280 Ga. 442, 443(2), 629 S.E.2d 238 (2006) (where trial counsel does not testify at new trial hearing, “it is extremely difficult to overcome th[e] presumption” that trial counsel's conduct fell “within the wide range of reasonable professional assistance”).

  2. Alexis v. State

    273 Ga. 423 (Ga. 2001)   Cited 17 times

    OCGA § 16-5-2. When slight evidence exists that a defendant committed voluntary manslaughter rather than murder, the trial court is required to charge the jury on that offense.Harris v. State, 263 Ga. 492 (2) ( 435 S.E.2d 671) (1993). However, a defendant is not entitled to a voluntary manslaughter charge where he has not demonstrated that he acted solely out of passion in response to a provocation that would have caused a reasonable person to act as he did. Smith v. State, 271 Ga. 507 (2) ( 521 S.E.2d 562) (1999).