Wright v. State

14 Citing cases

  1. McLaughlin v. Payne

    295 Ga. 609 (Ga. 2014)   Cited 7 times

    See Clough v. Richelo, 274 Ga.App. 129, 132 –133(1), 616 S.E.2d 888 (2005). This Court has observed that there is "conflict inherent in counsel's dual role as advocate and witness," Wright v. State, 267 Ga. 496, 497(2)(b), 480 S.E.2d 13 (1997), and for an attorney to act as both witness and advocate is a circumstance to be avoided. Id.

  2. Glass v. State

    289 Ga. 542 (Ga. 2011)   Cited 26 times
    Holding that the evidence was sufficient to sustain the defendant’s convictions for murder and other offenses, in part because "the placement of [the defendant’s] picture around the community with an alert to be on the lookout" affected only the weight and credibility of the eyewitness testimony

    Moreover, Glass has failed to establish prejudice for the additional reason that, as noted above, "[t]he consistent testimony of [numerous] eyewitnesses provided overwhelming evidence of [Glass'] guilt. . . ." Wright v. State, 267 Ga. 496, 497 (2) (a) ( 480 SE2d 13) (1997). Judgments affirmed in part and vacated in part.

  3. Wright v. State

    275 Ga. 788 (Ga. 2002)   Cited 5 times
    Addressing whether the trial court erred "in concluding that the appellant's motion to amend the trial transcript [pursuant to O.C.G.A. § 5-6-41(f)] lacked justiciable issues of law or fact"

    In December 2000, the trial court found that appellant's motion lacked justiciable issues of law or fact, and the motion was denied. Wright v. State, 267 Ga. 496 ( 480 S.E.2d 13) (1997). Id.

  4. Jeffries v. the State

    272 Ga. 510 (Ga. 2000)   Cited 11 times

    The reason is that, even assuming the testimony was improper and even assuming that defense counsel performed deficiently in failing to object to it, we conclude that, given the overwhelming evidence of guilt, there is no reasonable probability that the result of the trial would have been different if defense counsel had objected to the testimony and it had been excluded from evidence. See Mobley v. State, 271 Ga. 577, 578 ( 523 S.E.2d 9) (1999); Wright v. State, 267 Ga. 496, 497 ( 480 S.E.2d 13) (1997). 5. Jeffries additionally contends that he received ineffective assistance of counsel because, although defense counsel moved for a directed verdict after the close of the State's evidence, he failed to do so at the end of the evidentiary phase of the trial, thus precluding Jeffries from contesting the sufficiency of the evidence on appellate review.

  5. Rivers v. State

    271 Ga. 115 (Ga. 1999)   Cited 42 times

    White v. State, 163 Ga. App. 179(3) ( 292 S.E.2d 875) (1982). Without the testimony of trial counsel, it is impossible to discern whether his failure to request a charge to which he was entitled was purposeful or negligent. Our review of the evidence presented at trial (see Wright v. State, 267 Ga. 496(2) (a) ( 480 S.E.2d 13) (1997)) leads us to conclude that, even if trial counsel was negligent in failing to request the instruction, that deficient performance could not have prejudiced appellant since the undisputed evidence showed that the impression of his fingerprints in the bloody steering wheel could have only been placed there during the time of the crime. See Tyler v. State, supra, 198 Ga. App. 685(2).

  6. Owens v. State

    269 Ga. 887 (Ga. 1998)   Cited 9 times

    Under these circumstances, we conclude that the decision to testify does not constitute deficient performance. Wright v. State, 267 Ga. 496, 497 ( 480 S.E.2d 13) (1997). A court may take judicial notice of the time of sunrise and sunset.

  7. Russell v. State

    501 S.E.2d 206 (Ga. 1998)   Cited 17 times

    Strickland v. Washington, 466 U.S. 668, 687 ( 104 S.Ct. 2052, 80 L.Ed.2d 674) (1984).Wright v. State, 267 Ga. 496, 497 ( 480 S.E.2d 13) (1997). 2.

  8. Rabie v. State

    294 Ga. App. 187 (Ga. Ct. App. 2008)   Cited 4 times
    Rejecting defendant’s argument that he was entitled to a severance from his brother’s trial because they had the same last name, which may have confused the jury as to what evidence applied to which brother when, inter alia , the jury convicted one brother and acquitted the other brother of the same offense, indicating that jury was able to consider each charge separately

    (Footnotes omitted.) Wright v. State, 267 Ga. 496, 497 (2) (b) ( 480 SE2d 13) (1997). 5.

  9. Hammond v. State

    565 S.E.2d 873 (Ga. Ct. App. 2002)   Cited 5 times
    In Hammond v. State, 255 Ga. App. 549 (565 SE2d 873) (2002), this Court affirmed Franklin Hammond's convictions for trafficking in methamphetamine and several other drug related offenses.

    Unlike the case upon which Hammond relies, the ADA was neither the defense counsel nor did he testify as a defense witness. Compare Wright v. State, 267 Ga. 496 (2) (a) ( 480 S.E.2d 13) (1997). Nor does Mobley v. State, 265 Ga. 292, 300 (18) (b) ( 455 S.E.2d 61) (1995), support Hammond's position. The Supreme Court in Mobley held that during the sentencing phase, prosecutors are precluded from testifying about the reasons for rejecting plea offers.

  10. Humphrey v. State

    549 S.E.2d 144 (Ga. Ct. App. 2001)   Cited 14 times
    Noting that to be admissible as a similar transaction, prior offense must both be offered for a proper purpose and there must be a sufficient connection between that offense and the crime charged so that proof of the former tends to prove the latter

    See Abney, supra. See Wright v. State, 267 Ga. 496, 497 (2) (b) ( 480 S.E.2d 13) (1997). Moreover, in reviewing a trial court's ruling on a claim of ineffective assistance, we must give proper deference to the trial court's factual findings.