Alexander v. State

734 S.E.2d 432, 319 Ga. App. 199, 2012 Fulton County D. Rep. 3799, 2012 Ga. App. LEXIS 956
CourtCourt of Appeals of Georgia
DecidedNovember 16, 2012
DocketA12A1044
StatusPublished
Cited by3 cases

This text of 734 S.E.2d 432 (Alexander v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. State, 734 S.E.2d 432, 319 Ga. App. 199, 2012 Fulton County D. Rep. 3799, 2012 Ga. App. LEXIS 956 (Ga. Ct. App. 2012).

Opinion

DOYLE, Presiding Judge.

Jacquin Alexander appeals from the denial of his motion for new trial following his conviction by a jury of battery1 (two counts), simple battery2 (two counts), disorderly conduct,3 and criminal trespass to property.4 He contends that he received ineffective assistance of counsel based on his trial counsel’s failure to (1) investigate his mental health, (2) adequately prepare him for testifying, (3) object to references to a prior protective order entered against him, and (4) object to leading questions andnarrative testimony by the victim. For the reasons that follow, we affirm.

Construed in favor of the verdict,5 the evidence shows that Alexander had a tumultuous relationship with his girlfriend. After dating for a few months, the girlfriend decided to break up with Alexander. To end the relationship in person, the girlfriend requested that he pick her up from her workplace, which was two hours from his home in Clarke County. After the girlfriend informed Alexander of her decision, Alexander grew angry and took away her two cell phones so that she could not leave or contact anyone. Alexander pushed her onto a bed and physically restrained her for approximately an hour while she screamed and attempted to retrieve her phones. The girlfriend grew exhausted, andAlexander eventually slumped against the closed bedroom door, blocking the exit. Because Alexander was unresponsive, the girlfriend splashed some water in his face to awaken him, and Alexander quickly opened his eyes and replied “What the f— are you doing?” The girlfriend then ignored him, and the two eventually fell asleep.

The next day, Alexander awoke and returned one phone to the girlfriend, keeping the one she used to communicate with her family. Alexander went to work, and the girlfriend waited for him to return so she could retrieve her second phone. Later that day, Alexander [200]*200arranged to pick up the girlfriend in his car, and when he briefly went back inside his workplace to obtain his cell phone charger, the girlfriend looked through Alexander’s text messages on his phone, a practice they each openly engaged in while they were dating. The girlfriend discovered a message confirming that Alexander had lied to her about his whereabouts on an earlier occasion, and she confronted him when he got back in the car. An argument ensued as Alexander drove, and after the girlfriend slapped Alexander’s arm in anger, Alexander punched her in the face with his fist, scratching her eye, knocking out both contact lenses, and causing her nose to bleed profusely.

Alexander then drove at excessive speed to a subdivision, where he parked, and the two continued arguing. Alexander obtained the girlfriend’s phones and refused to return them, smashing one to the ground, breaking it. After a subdivision resident approached them, they got back in the car and resumed driving. As Alexander drove, the girlfriend attempted to access her remaining phone in Alexander’s front pants pocket. Alexander leaned forward to hinder her efforts and violently headbutted her with the back of his head, cutting her lip. The girlfriend retreated to her seat and waited to arrive back at Alexander’s residence.

Upon arrival, Alexander initially refused to return her phone, but ultimately gave it back when the battery had expired. The girlfriend called a friend, who picked her up and took her to her residence, where they photographed her face and called the police.

Alexander was charged with battery (two counts), simple battery (three counts), disorderly conduct, and criminal trespass. He was found guilty by a jury of all but one simple battery count. Alexander moved for a new trial, arguing that he received ineffective assistance of counsel. Following a hearing, the trial court denied the motion, giving rise to this appeal.

Under Strickland v. Washington,6 to succeed on an ineffective assistance claim, a criminal defendant must demonstrate both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance.7 “There is a strong presumption that the performance of trial counsel falls within the wide range of reasonable professional assistance. The reasonableness of the conduct is viewed at the time of trial and under the circumstances of the [201]*201case.”8 If an appellant fails to meet his burden of proving either prong of the Strickland test, the reviewing court need not examine the other prong.9 In reviewing the trial court’s decision, “[w]e accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.”10

1. Alexander contends that his trial counsel performed deficiently by failing to properly investigate his mental health prior to trial. At the motion for new trial hearing, Alexander’s mother testified that, as a child, he had received counseling for behavior problems, was diagnosed as clinically depressed, and had been prescribed anti-depressants. Trial counsel testified at the hearing that she was unaware of these issues and had not asked Alexander about his mental health because he stated that he had no mental health issues on his intake form at the public defender’s office. She stated that she came to believe he could have mental health issues when Alexander testified that he had passed out during times of mental stress, and that, during an argument, he had stabbed himself in the arm and sent his girlfriend a photograph of his wound to demonstrate his affection for her.

Alexander argues on appeal that trial counsel should have discovered this evidence and used it at trial to provide context to his actions and at sentencing to mitigate his sentence. But this ignores the fact that Alexander never made this assertion to trial counsel, and he did not disclose it when asked about it in an intake interview.* 11 Further, the alleged mental health problems would not have been relevant to his stated trial strategy of self-defense. For example,

[a] defendant is not permitted to support a justification defense with an explanation that he or she had been the victim of an earlier attack committed by an unknown person; such evidence is not relevant to the critical question of whether the circumstances surrounding the commission of the crimes on trial would have excited the fears of an [202]*202objective reasonable person to the point where the defendant’s actions were justified.12

Likewise, there was no evidence presented at the motion for new trial hearing that Alexander was impaired by a mental health condition at the time he battered his girlfriend.13 Based on these facts, this ground fails to support his claim.

With respect to sentencing, the trial court heard the testimony by Alexander’s mother that he historically had suffered from mental illness. There was no additional evidence proffered as to the effect of Alexander’s mental health on his behavior as it related to the offenses for which he was tried.

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Related

Harris v. the State
775 S.E.2d 602 (Court of Appeals of Georgia, 2015)
Randy Ansley v. State
Court of Appeals of Georgia, 2013
Ansley v. State
750 S.E.2d 484 (Court of Appeals of Georgia, 2013)

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Bluebook (online)
734 S.E.2d 432, 319 Ga. App. 199, 2012 Fulton County D. Rep. 3799, 2012 Ga. App. LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-gactapp-2012.