Payne v. State

42 Citing cases

  1. Durden v. State

    899 S.E.2d 679 (Ga. 2024)   Cited 1 times

    "This Court does not have to analyze all elements of the plain-error test where an appellant fails to establish one of them." Payne v. State, 314 Ga. 322, 325 (1), 877 S.E.2d 202 (2022). Here, Durden hinges his argument on an alleged violation of OCGA § 24-7-701 (a), which provides:

  2. Jackson v. State

    317 Ga. 95 (Ga. 2023)   Cited 11 times
    Holding that, "even if [the defendant's] counsel was deficient for failing to stipulate to his convicted-felon status, [the defendant] ha[d] failed to show that there [was] a reasonable probability that the result of his trial would have been different" where the prosecutor did not emphasize the nature of the aggravated assault conviction and where the evidence against the defendant was strong

    "Where accomplice testimony is the bedrock of the conviction, it may be likely that the jury convicted the defendant on the accomplice's testimony alone." Payne v. State , 314 Ga. 322, 326 (1), 877 S.E.2d 202 (2022) (citation and punctuation omitted). Here, the most incriminating evidence against Jackson did not come from Murphy—it came from Odom.

  3. Cooper v. State

    903 S.E.2d 770 (Ga. Ct. App. 2024)

    (Citations and punctuation omitted.) Payne v. State, 314 Ga. 322, 328-329 (3), 877 S.E.2d 202 (2022). "In reviewing a trial court’s determination regarding a claim of ineffective assistance of counsel, this court upholds the trial court’s factual findings unless they are clearly erroneous; we review a trial court’s legal conclusions de novo."

  4. Tavarez v. State

    904 S.E.2d 366 (Ga. 2024)   Cited 1 times
    Holding that any claim about "the shackling itself" was not preserved for appellate review but addressing a violation of the defendant's right to be present

    To the extent there is any ambiguity in the record about what parts of Tavarez's statement were played for the jury, that does not help Tavarez, who bears the burden of establishing that counsel was constitutionally ineffective. See Payne, 314 Ga. at 328-329 (3), 877 S.E.2d 202; see also Rodriguez v. State, 295 Ga. 362, 368 (2) (b) n.11, 761 S.E.2d 19 (2014) (any ambiguity in the record does not help the appellant, who bears the burden of showing error in the record on appeal).

  5. Pittman v. State

    901 S.E.2d 90 (Ga. 2024)   Cited 1 times

    Id. at 260-262, 824 S.E.2d 326. See also Payne v. State, 314 Ga. 322, 333-334, 877 S.E.2d 202 (2022) (rejecting claim that trial counsel was deficient in failing to investigate and present evidence that another person was the perpetrator, on the ground that proffered evidence was not relevant because it did not raise reasonable inference of appellant’s innocence); Goins v. State, 310 Ga. 199, 207-209, 850 S.E.2d 68 (2020) (applying reasonable-inference-of-innocence standard and laying out Rule-401 relevance standard in addressing whether proffered third-party-guilt was admissible).[8] Here, the testimony that Appellant sought to elicit from the fire investigator and other witnesses does not raise a reasonable inference of Appellant’s innocence.

  6. Howard v. State

    899 S.E.2d 669 (Ga. 2024)   Cited 5 times
    Explaining that "a jury may infer a defendant's criminal intent, and thereby find him guilty as a party to a crime, ‘from his presence, companionship, and conduct before, during, and after the offense’ ’’

    "If [a defendant] fails to establish one of these two prongs, we need not examine the other." Payne v. State, 314 Ga. 322, 328 (3), 877 S.E.2d 202 (2022) (citation and punctuation omitted). "To show deficient performance, the defendant must demonstrate that counsel performed counsel’s duties in an objectively unreasonable way, considering all of the circumstances and in the light of prevailing professional norms."

  7. Clements v. State

    896 S.E.2d 549 (Ga. 2023)   Cited 6 times

    We see no merit to this claim, [26-29] To prevail on his ineffectiveness of counsel claim, Velazquez must establish that his trial counsel’s representation was. "constitutionally deficient" and that "he was prejudiced by counsel’s deficient performance," Payne v. State, 314 Ga. 322, 328 (3), 877 S.E.2d 202 (2022), ’’meaning that but for counsels deficient performance, a reasonable probability exists that the outcome at trial would have been different." Fitts v. State, 312 Ga. 134, 139 (2), 859 S.E.2d 79 (2021) (citing Strickland v. Washington, 466 U.S. 668, 687 (III) 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)).

  8. Henderson v. State

    317 Ga. 66 (Ga. 2023)   Cited 11 times
    Holding that evidence that connected the appellant to the murder weapon and that he admitted he was at the scene of the shootings was constitutionally sufficient to support his malice murder convictions

    6. Next, Henderson contends that there was not sufficient evidence to corroborate the testimony of Brandi Singleton, who he contends was an accomplice to the crimes. See OCGA § 24-14-8 (the testimony of a single witness is not sufficient to establish a fact when the witness is an accomplice); Payne v. State , 314 Ga. 322, 326 (1), 877 S.E.2d 202 (2022) ("[A] jury may not rely solely on an accomplice's testimony to find any fact necessary to sustain a defendant's felony conviction. Instead, the existence of any such fact must also be supported either by the testimony of an additional witness or by other, independent evidence that corroborates the accomplice's testimony.")

  9. Williams v. State

    315 Ga. 490 (Ga. 2023)   Cited 16 times
    Holding that an unobjected-to ruling on admitting or excluding evidence is subject to plain error review under OCGA § 24-1-103 (d) even if the basis for the ruling is governed by the Constitution or by a statutory provision outside the Evidence Code

    We need not analyze all four prongs because Williams has failed to establish that the trial court clearly or obviously erred by admitting the CSLI evidence. See Payne v. State , 314 Ga. 322, 325 (1), 877 S.E.2d 202 (2022) ("[We do] not have to analyze all elements of the plain-error test where an appellant fails to establish one of them."). "An error is plain if it is clear or obvious under current law.

  10. Williams v. State

    896 S.E.2d 109 (Ga. 2023)   Cited 3 times

    "If [a defendant] fails to establish one of these two prongs, we need not examine the other." Payne v. State, 314 Ga. 322, 328 (3), 877 S.E.2d 202 (2022) (citation and punctuation omitted). "To show deficient performance, the defendant must demonstrate that counsel performed counsel’s duties in an objectively unreasonable way, considering all of the circumstances and in the light of prevailing professional norms."