Cooper v. State

612 S.E.2d 256, 279 Ga. 189
Supreme Court of Georgia·Decided March 28, 2005·No. S04A2003·Published·Cited by 5 cases

Opinions

HINES, Justice.

Shermont Monte Cooper appeals his conviction for the malice murder of Kenneth Ellis.1 For the reasons that follow, we affirm.

[190] Construed to support the verdict, the evidence showed that Cooper’s mother and Ellis had a romantic, but tumultuous, relationship. The day of the shooting, Cooper’s mother paged him several times; he called her back three or four times and she asked for his help to remove her from Ellis’s home.2 While Cooper was at the home of Catrice Watkins, Cooper’s mother asked Watkins over the telephone to give Cooper a pistol so that he could help her leave Ellis’s house as Ellis had beaten her. Cooper overcame Watkins’s reluctance to do so by saying that he would not use the weapon. Watkins did not give it to Cooper, but to his friend Caver;3 the pistol was not loaded at that time. Cooper, Caver, and Watkins went to Ellis’s house in a car driven by another friend, King. When they arrived, Cooper had the now-loaded pistol in his pocket, and walked into the house, followed by Caver and Watkins; King remained in the car. Ellis said something derogatory about Watkins, and Caver and Ellis had a brief struggle; Ellis was pushed to a seating position on the sofa and stated: “I’m going to get you.”4 Cooper shot Ellis in the torso from a distance of approximately five feet, then shot him again in the torso. After a short delay, having approached to within arm’s length of Ellis, Cooper shot him a third time, in the mouth, with the pistol’s muzzle an inch or two away.

Cooper and his mother left Ellis’s home and joined Watkins and Caver outside; they had left before the third shot. The five drove away and stopped for some cigarettes; Cooper returned the pistol to Watkins. Cooper’s mother laughed as though the occurrence was “a big joke” and said: “You shot him, Shermont.” Cooper told a police investigator that Ellis “got in my face so I just shot him.”

1. The evidence was sufficient to enable a rational trier of fact to find Cooper guilty beyond a reasonable doubt of malice murder. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Cooper contends that he did not receive effective representation of trial counsel. In order to prevail on this claim, Cooper must show both that counsel’s performance was deficient and that the deficient performance was prejudicial to his defense. Smith v. Francis, 253 Ga. 782, 783 (1) (325 SE2d 362) (1985), citing Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). To meet [191] the first prong of this test, he must overcome the “strong presumption” that counsel’s performance fell within a “wide range of reasonable professional conduct,” and that counsel’s decisions were “made in the exercise of reasonable professional judgment.” Id. The reasonableness of counsel’s conduct is examined from counsel’s perspective at the time of trial and under the particular circumstances of the case. Id. at 784. To meet the second prong, Cooper must show that there is a reasonable probability that, absent any unprofessional errors on counsel’s part, the result of his trial would have been different. Id. at 783. “ ‘We accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]” Robinson v. State, 277 Ga. 75, 76 (586 SE2d 313) (2003).

Cooper argues that counsel was deficient in not sufficiently investigating Ellis’s violent nature, and then presenting evidence of it to the jury. He contends that had counsel searched for Ellis’s criminal convictions in counties other than the one in which he resided, counsel would have discovered that Ellis had previously been convicted of aggravated assault, burglary, felony obstruction of an officer, and possession of a firearm by a convicted felon. He also contends that if counsel had interviewed Cooper’s family and other potential witnesses, and met with Cooper more often, counsel would have uncovered similar information about Ellis’s violent past and certain specific acts of violence, and that counsel should have secured the services of an independent expert witness to review the physical evidence.5

Although the trial court’s order states that it “views with caution” the testimony of Cooper and his family concerning what was communicated to counsel ten years earlier during the criminal prosecution,6 the court did not decide Cooper’s motion for new trial on credibility grounds, or even on the ground that counsel’s performance was not deficient. Rather, the court found that even assuming that which Cooper now contends should have been done had been done by counsel, the outcome of Cooper’s trial would not have been different. This was not error.

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Cooper v. State, 612 S.E.2d 256, 279 Ga. 189 (Ga. 2005).

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Cooper v. State
612 S.E.2d 256 (Supreme Court of Georgia, 2005)