Jeffers v. State

721 S.E.2d 86, 290 Ga. 311, 2012 Fulton County D. Rep. 88, 2012 Ga. LEXIS 9
CourtSupreme Court of Georgia
DecidedJanuary 9, 2012
DocketS11A1364
StatusPublished
Cited by18 cases

This text of 721 S.E.2d 86 (Jeffers v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffers v. State, 721 S.E.2d 86, 290 Ga. 311, 2012 Fulton County D. Rep. 88, 2012 Ga. LEXIS 9 (Ga. 2012).

Opinion

Thompson, Justice.

Appellant Eliot Ellorton Jeffers was convicted of malice murder and other related offenses in connection with the stabbing death of Jocilyn Dawn Williams and the aggravated assault of Daniel J. Stringfellow.1 On appeal, Jeffers challenges certain evidentiary rulings of the trial court, and he asserts that he was denied effective assistance of trial counsel. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that Williams rushed into a fast-food restaurant managed by Stringfellow, her boyfriend, and asked to hide in his office. She explained that Jeffers, her ex-boyfriend, was following her. String-fellow took Williams to the office and allowed her to remain there while he returned to his duties in the dining room. Moments later, Jeffers entered, approached Stringfellow and another employee, and asked if they had seen Williams. When they denied seeing her, Jeffers left. After ascertaining that Jeffers had left the parking area, Stringfellow walked Williams to her car.

Williams returned to the restaurant about two hours later. She was seated with Stringfellow in a booth when Jeffers entered, approached Williams, and asked her to go outside. Williams refused. Jeffers then left the restaurant, circled around the building, and [312]*312minutes later reentered through the back door. He approached the booth, wielded a large knife, and then fatally stabbed Williams in the chest, and injured Stringfellow as he came to her defense. Jeffers was subdued by Stringfellow and other employees and held until the police arrived. The entire attack was filmed on video surveillance cameras.

1. When construed most strongly in support of the verdicts, the evidence was sufficient to enable a rational trier of fact to find Jeffers guilty beyond a reasonable doubt of the crimes for which he was convicted, and to reject Jeffers’ insanity defense. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Jeffers submits that the trial court erred by allowing the prosecutor to state, during closing arguments, that Jeffers had “flipped a bird” at someone in the courtroom during the course of the trial. On appeal, Jeffers claims that the argument was improper because there was no showing that Jeffers actually made the obscene gesture, and because the comment impugned his character.

First, there was no contemporaneous objection to the argument; therefore, the issue is waived for purposes of appeal. Martin v. State, 281 Ga. 778, 780 (2) (642 SE2d 837) (2007) (“ ‘the contemporaneous objection rule . . . provides that counsel must make a proper objection on the record at the earliest possible time to preserve for review the point of error’ ”). Jeffers nonetheless asserts that the court sua sponte should have prevented the jury from considering the remark under OCGA § 17-8-75 (“[wjhere counsel . . . make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same”). Jeffers offered no evidence at the hearing on the motion for new trial; his counsel on motion for new trial argued that the gesture did not take place, while the assistant district attorney who tried the case argued to the contrary. “[T]he burden is always on the appellant in asserting error to show it affirmatively by the record.” (Citation and punctuation omitted.) Westmoreland v. State, 287 Ga. 688, 696 (1) (699 SE2d 13) (2010). Jeffers offered no evidence that the gesture was incorrectly attributed to him. Furthermore, a prosecutor is permitted to comment on a defendant’s courtroom demeanor in closing argument. Hardnett v. State, 285 Ga. 470 (5) (678 SE2d 323) (2009) (prosecutor allowed to argue that defendant made “throat slashing” gestures to the jury). Accordingly, we must apply the presumption of regularity and hold that the trial court discharged its duties properly. Westmore-land, supra at 697.

3. Jeffers recasts his claim of improper closing argument by the prosecutor as ineffective assistance of trial counsel because of counsel’s failure to object thereto.

In order to prevail on a claim of ineffective assistance of counsel [313]*313under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), appellant “‘must prove 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. [Cit.]’” Westmoreland, supra at 691 (3). We need not analyze the deficient performance prong of Strickland if we determine that the prejudice prong has not been satisfied. Peterson v. State, 284 Ga. 275 (663 SE2d 164) (2008). Even assuming arguendo that an objection to the offending argument would have had merit, but see Division 2, supra, Jeffers has not shown a reasonable probability that the outcome of the trial would have been different had counsel made the objection. See Lambert v. State, 287 Ga. 774 (2) (700 SE2d 354) (2010) (where evidence of guilt is overwhelming, a defendant cannot demonstrate the required prejudice under Strickland).

4. Jeffers submits that the trial court erred in allowing certain hearsay statements into evidence under the necessity exception to the hearsay rule, OCGA § 24-3-1 (b). Specifically, Jeffers asserts that the statements lacked the “particularized guarantees of trustworthiness” necessary for their admission.2

Jeffers filed a pretrial motion in limine in which he sought to preclude the State from presenting through Williams’ friends and co-workers Williams’ hearsay statements concerning her relationship with Jeffers. At a pretrial motions hearing, the prosecutor described the nature of the relationship each witness had with Williams and the anticipated testimony of each witness; no witnesses testified at the hearing. It was agreed that the court would make a preliminary determination based on the State’s proffer as to whether each witness would be permitted to testify at trial, and if so allowed, defense counsel would be given the opportunity to voir dire the witness in advance of their direct testimony at trial and perfect their objection.

(a) Stringfellow. On direct examination by the State, String-fellow was asked how Williams characterized her relationship with Jeffers. Stringfellow replied, “She told me that she was unhappy with him. He cheated on her. She told me that he had beat her before. He kind of follows her around when she doesn’t really know it.” The evidence, which came in just after the lunch break, was received without objection, and counsel did not avail themselves of the opportunity to voir dire the witness. Stringfellow’s testimony continued throughout the afternoon. At the end of the day, the witness [314]*314was discharged, and the jury was dispersed for the evening, whereupon Jeffers’ counsel moved for mistrial on the ground that their client’s character had been improperly introduced into evidence through Stringfellow’s earlier testimony. On appeal, Jeffers asserts that the testimony constituted inadmissible hearsay.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wilkerson v. State
892 S.E.2d 737 (Supreme Court of Georgia, 2023)
Moody v. State
888 S.E.2d 109 (Supreme Court of Georgia, 2023)
Dobbins v. State
844 S.E.2d 814 (Supreme Court of Georgia, 2020)
Jones v. the State
798 S.E.2d 87 (Court of Appeals of Georgia, 2017)
Antonio Caicique Chavez v. State
Court of Appeals of Georgia, 2014
Chavez v. State
764 S.E.2d 447 (Court of Appeals of Georgia, 2014)
Walker v. State
763 S.E.2d 704 (Supreme Court of Georgia, 2014)
John Thomas Finch v. State
Court of Appeals of Georgia, 2014
Finch v. State
756 S.E.2d 265 (Court of Appeals of Georgia, 2014)
Michael Anthony Walker v. State
Court of Appeals of Georgia, 2013
Walker v. State
744 S.E.2d 366 (Court of Appeals of Georgia, 2013)
Heidt v. State
736 S.E.2d 384 (Supreme Court of Georgia, 2013)
Bobby Flemister v. State
Court of Appeals of Georgia, 2012
Flemister v. State
732 S.E.2d 810 (Court of Appeals of Georgia, 2012)
Leger v. State
732 S.E.2d 53 (Supreme Court of Georgia, 2012)
Anthony Jackson v. State
Court of Appeals of Georgia, 2012
Jackson v. State
730 S.E.2d 69 (Court of Appeals of Georgia, 2012)
Bailey v. State
728 S.E.2d 214 (Supreme Court of Georgia, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
721 S.E.2d 86, 290 Ga. 311, 2012 Fulton County D. Rep. 88, 2012 Ga. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-state-ga-2012.