321 Ga. 398 FINAL COPY
S25A0028. JONES v. THE STATE.
BETHEL, Justice.
A jury found John Paul Jones guilty of malice murder and
related crimes in connection with the shooting death of his brother-
in-law Michael Robinson.1 On appeal, Jones argues only that trial
counsel rendered ineffective assistance by failing to make a timely
1 The crimes occurred on August 6, 2014. In November 2014, a Polk County grand jury indicted Jones for malice murder (Count 1), felony murder (Count 2), two counts of aggravated assault (Counts 3 and 4), and two counts of possession of a firearm during the commission of a felony (Counts 5 and 6). At a December 2014 jury trial, Jones was found guilty of all counts. The trial court sentenced Jones to serve life in prison without the possibility of parole on Count 1, a consecutive 20-year term on Count 4, and two consecutive five- year terms on Counts 5 and 6. The remaining counts merged or were vacated by operation of law. Jones, through trial counsel, filed a timely non- particularized motion for new trial. In March 2020, the trial court entered an order denying Jones’s motion for new trial without a hearing. Jones thereafter filed a timely notice of appeal to this Court. Before the docketing of the appeal, however, new counsel filed a notice of substitution of counsel and then moved to remand Jones’s case to raise claims of ineffective assistance of trial counsel, which this Court granted. In February 2021, Jones’s current appellate counsel filed a notice of substitution of counsel. In November 2023, Jones, through current counsel, filed an amended motion for new trial. After a hearing, the trial court denied the motion as amended on May 30, 2024. Jones filed a timely notice of appeal. The appeal was docketed to this Court’s term beginning in December 2024 and submitted for a decision on the briefs. request for a hearing on his motion for new trial. We disagree and
affirm.
The evidence at trial showed that, on the night of the crimes,
Jones and Robinson exchanged progressively antagonistic messages
on social media until Robinson asked his wife to accompany him to
Jones’s house to discuss the disagreement in person. When Robinson
and his wife arrived at Jones’s house, Robinson parked his car near
the driveway. Jones walked out in front of the car, and Robinson,
who was unarmed, exited the car while greeting Jones. Jones then
shot Robinson and pointed his gun at Robinson’s wife, but she was
able to run away and call 911. An autopsy showed that Robinson,
who died as a result of the gunshot wounds, was shot three times in
his chest and abdomen. At least two of the wounds were consistent
with the shooter standing while Robinson was lying on the ground.
In his sole claim of error, Jones contends that trial counsel
rendered constitutionally ineffective assistance at the motion-for-
new-trial stage. To prevail on a claim of ineffective assistance, Jones
bears the burden of showing both that counsel’s performance was
2 deficient and that he was prejudiced as a result of that performance.
See Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SCt 2052,
80 LE2d 674) (1984). “The failure to demonstrate either deficient
performance or resulting prejudice is fatal to a claim of ineffective
assistance of counsel and obviates the need even to consider the
other.” Bradley v. State, 318 Ga. 142, 144 (2) (897 SE2d 428) (2024).
“In reviewing a ruling on a claim of ineffective assistance of counsel,
we defer to the trial court’s findings of fact unless they are clearly
erroneous, but we apply the law to the facts de novo.” Payne v. State,
314 Ga. 322, 329 (3) (877 SE2d 202) (2022) (citation and punctuation
omitted).
Jones argues that counsel performed deficiently by failing to
request a hearing on his motion for new trial in the five years
between the motion’s filing in February 2015 and the trial court’s
denial of the motion in March 2020. The judge who presided over
Jones’s trial retired in October 2018, and a successor judge ruled on
Jones’s motion for new trial. Jones contends that counsel’s delay in
seeking a hearing on his motion was deficient because it deprived
3 him of the “right” to have the same judge who presided over his trial
sit as the “thirteenth juror” and consider his general-grounds claim.
The State conceded that counsel’s performance was deficient in this
respect, and the trial court relied on that concession to find that
counsel performed deficiently. The trial court further found that
Jones had not proven Strickland prejudice because he failed to point
to anything in the trial transcript indicating that “a new trial would
have been granted on the general grounds had the trial judge heard
and ruled on the motion for new trial.” In advancing this claim on
appeal, Jones asserts that the trial court’s finding of deficient
performance “satisfies the first prong of the Strickland test.” Though
counsel’s handling of Jones’s motion for new trial evinces a
concerning lack of diligence,2 we disagree that the particular theory
Jones advances here supports a determination that counsel’s
2 As we have emphasized before, “it is the duty of all those involved in
the criminal justice system, including trial courts and prosecutors as well as defense counsel and defendants, to ensure that the appropriate post-conviction motions are filed, litigated, and decided without unnecessary delay.” Sturkey v. State, 319 Ga. 156, 164-165 (5) (902 SE2d 607) (2024) (citation and punctuation omitted). 4 performance was deficient. See Holt v. Ebinger, 303 Ga. 804, 808 n.3
(814 SE2d 298) (2018) (“This Court is not bound by the litigating
position of the [State], and we have an obligation to decide for
ourselves whether the judgment of the [lower] court is legally
sound.” (citation and punctuation omitted)).
Georgia statutory law authorizes a trial court to grant a new
trial “[i]n any case when the verdict of a jury is found contrary to
evidence and the principles of justice and equity,” OCGA § 5-5-20, or
when “the verdict may be decidedly and strongly against the weight
of the evidence even though there may appear to be some slight
evidence in favor of the finding,” OCGA § 5-5-21. “Grounds for a new
trial under these Code sections are commonly known as the ‘general
grounds,’ and the two statutes give the trial court broad discretion
to sit as a thirteenth juror and weigh the evidence on a motion for
new trial alleging these general grounds.” Muse v. State, 316 Ga.
639, 653 (4) (889 SE2d 885) (2023) (citation and punctuation
Jones’s claim of ineffective assistance is premised not simply
5 on counsel’s lack of diligence in seeking a hearing on the motion, 3
but rather on the theory that counsel’s failure to seek a hearing
denied him the “right” to have the judge who presided over his trial
consider his general-grounds claim. But Jones provides no legal
basis — nor are we aware of any — for concluding that he had such
a right. In fact, the Georgia Code expressly contemplates that a
successor judge who did not try the case may rule on and grant a
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321 Ga. 398 FINAL COPY
S25A0028. JONES v. THE STATE.
BETHEL, Justice.
A jury found John Paul Jones guilty of malice murder and
related crimes in connection with the shooting death of his brother-
in-law Michael Robinson.1 On appeal, Jones argues only that trial
counsel rendered ineffective assistance by failing to make a timely
1 The crimes occurred on August 6, 2014. In November 2014, a Polk County grand jury indicted Jones for malice murder (Count 1), felony murder (Count 2), two counts of aggravated assault (Counts 3 and 4), and two counts of possession of a firearm during the commission of a felony (Counts 5 and 6). At a December 2014 jury trial, Jones was found guilty of all counts. The trial court sentenced Jones to serve life in prison without the possibility of parole on Count 1, a consecutive 20-year term on Count 4, and two consecutive five- year terms on Counts 5 and 6. The remaining counts merged or were vacated by operation of law. Jones, through trial counsel, filed a timely non- particularized motion for new trial. In March 2020, the trial court entered an order denying Jones’s motion for new trial without a hearing. Jones thereafter filed a timely notice of appeal to this Court. Before the docketing of the appeal, however, new counsel filed a notice of substitution of counsel and then moved to remand Jones’s case to raise claims of ineffective assistance of trial counsel, which this Court granted. In February 2021, Jones’s current appellate counsel filed a notice of substitution of counsel. In November 2023, Jones, through current counsel, filed an amended motion for new trial. After a hearing, the trial court denied the motion as amended on May 30, 2024. Jones filed a timely notice of appeal. The appeal was docketed to this Court’s term beginning in December 2024 and submitted for a decision on the briefs. request for a hearing on his motion for new trial. We disagree and
affirm.
The evidence at trial showed that, on the night of the crimes,
Jones and Robinson exchanged progressively antagonistic messages
on social media until Robinson asked his wife to accompany him to
Jones’s house to discuss the disagreement in person. When Robinson
and his wife arrived at Jones’s house, Robinson parked his car near
the driveway. Jones walked out in front of the car, and Robinson,
who was unarmed, exited the car while greeting Jones. Jones then
shot Robinson and pointed his gun at Robinson’s wife, but she was
able to run away and call 911. An autopsy showed that Robinson,
who died as a result of the gunshot wounds, was shot three times in
his chest and abdomen. At least two of the wounds were consistent
with the shooter standing while Robinson was lying on the ground.
In his sole claim of error, Jones contends that trial counsel
rendered constitutionally ineffective assistance at the motion-for-
new-trial stage. To prevail on a claim of ineffective assistance, Jones
bears the burden of showing both that counsel’s performance was
2 deficient and that he was prejudiced as a result of that performance.
See Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SCt 2052,
80 LE2d 674) (1984). “The failure to demonstrate either deficient
performance or resulting prejudice is fatal to a claim of ineffective
assistance of counsel and obviates the need even to consider the
other.” Bradley v. State, 318 Ga. 142, 144 (2) (897 SE2d 428) (2024).
“In reviewing a ruling on a claim of ineffective assistance of counsel,
we defer to the trial court’s findings of fact unless they are clearly
erroneous, but we apply the law to the facts de novo.” Payne v. State,
314 Ga. 322, 329 (3) (877 SE2d 202) (2022) (citation and punctuation
omitted).
Jones argues that counsel performed deficiently by failing to
request a hearing on his motion for new trial in the five years
between the motion’s filing in February 2015 and the trial court’s
denial of the motion in March 2020. The judge who presided over
Jones’s trial retired in October 2018, and a successor judge ruled on
Jones’s motion for new trial. Jones contends that counsel’s delay in
seeking a hearing on his motion was deficient because it deprived
3 him of the “right” to have the same judge who presided over his trial
sit as the “thirteenth juror” and consider his general-grounds claim.
The State conceded that counsel’s performance was deficient in this
respect, and the trial court relied on that concession to find that
counsel performed deficiently. The trial court further found that
Jones had not proven Strickland prejudice because he failed to point
to anything in the trial transcript indicating that “a new trial would
have been granted on the general grounds had the trial judge heard
and ruled on the motion for new trial.” In advancing this claim on
appeal, Jones asserts that the trial court’s finding of deficient
performance “satisfies the first prong of the Strickland test.” Though
counsel’s handling of Jones’s motion for new trial evinces a
concerning lack of diligence,2 we disagree that the particular theory
Jones advances here supports a determination that counsel’s
2 As we have emphasized before, “it is the duty of all those involved in
the criminal justice system, including trial courts and prosecutors as well as defense counsel and defendants, to ensure that the appropriate post-conviction motions are filed, litigated, and decided without unnecessary delay.” Sturkey v. State, 319 Ga. 156, 164-165 (5) (902 SE2d 607) (2024) (citation and punctuation omitted). 4 performance was deficient. See Holt v. Ebinger, 303 Ga. 804, 808 n.3
(814 SE2d 298) (2018) (“This Court is not bound by the litigating
position of the [State], and we have an obligation to decide for
ourselves whether the judgment of the [lower] court is legally
sound.” (citation and punctuation omitted)).
Georgia statutory law authorizes a trial court to grant a new
trial “[i]n any case when the verdict of a jury is found contrary to
evidence and the principles of justice and equity,” OCGA § 5-5-20, or
when “the verdict may be decidedly and strongly against the weight
of the evidence even though there may appear to be some slight
evidence in favor of the finding,” OCGA § 5-5-21. “Grounds for a new
trial under these Code sections are commonly known as the ‘general
grounds,’ and the two statutes give the trial court broad discretion
to sit as a thirteenth juror and weigh the evidence on a motion for
new trial alleging these general grounds.” Muse v. State, 316 Ga.
639, 653 (4) (889 SE2d 885) (2023) (citation and punctuation
Jones’s claim of ineffective assistance is premised not simply
5 on counsel’s lack of diligence in seeking a hearing on the motion, 3
but rather on the theory that counsel’s failure to seek a hearing
denied him the “right” to have the judge who presided over his trial
consider his general-grounds claim. But Jones provides no legal
basis — nor are we aware of any — for concluding that he had such
a right. In fact, the Georgia Code expressly contemplates that a
successor judge who did not try the case may rule on and grant a
motion for new trial, which necessarily includes the authorization to
rule on a general-grounds claim. See OCGA § 5-5-43 (“A judge who
did not try the case may, if presented with a motion for new trial
within 30 days from the date of the verdict or judgment sought to be
set aside . . . decide the motion either where he is presiding in the
court in which the trial was had, or where he is named in the rule,
or where he is otherwise authorized by law to do so.”). See also Kuhn
v. State, 301 Ga. 741, 743-744 (2) (804 SE2d 9) (2017) (rejecting
argument that successor judge erred by denying appellant’s request
3 Jones does not present a claim that the extraordinary delay constituted
an abandonment by counsel or that such delay deprived him of any cognizable claim or due process of law. 6 to have the trial judge preside over his motion for new trial hearing
and noting that OCGA § 5-5-43 “clearly authorizes a judge who did
not try a case to preside over and decide a motion for new trial”).
Of course, Jones certainly is entitled to have his general-
grounds claim considered by the trial court under the proper
standard.4 See, e.g., Holmes v. State, 306 Ga. 524, 528 (2) (832 SE2d
392) (2019) (vacating trial court’s denial of appellant’s general-
grounds claim because record reflected that court failed to properly
exercise its discretion in rejecting claim and remanding case for
consideration “under the proper legal standard” (citation and
punctuation omitted)). But there is simply no basis for concluding
that Jones had a “right” to have the judge who presided over his trial
rule on his general-grounds claim. And because that is the sole basis
Jones advances in support of his claim of ineffective assistance, he
is unable to establish that counsel performed deficiently in this
respect. Cf. Reeves v. State, 309 Ga. 645, 649 (3) (847 SE2d 551)
4 Notably, Jones raises no claim of error related to the successor judge’s
assessment of his general-grounds claim. 7 (2020) (appellant “failed to show that he had a right to be present at
the bench conferences in question, so it follows that [appellant]
cannot show that his trial counsel performed deficiently by failing to
assert that right”); Moss v. State, 298 Ga. 613, 617 (5) (a) (783 SE2d
652) (2016) (rejecting argument that trial counsel was ineffective for
“failing to protect [appellant’s] right to procedural due process”
because appellant “has not shown any violation of his rights, and it
follows that he has not shown deficient performance or prejudice”);
Miller v. State, 283 Ga. 412, 416 (4) (b) (658 SE2d 765) (2008)
(concluding that appellant failed to establish deficient performance
arising from counsel’s failure to request modified jury instruction
because “the giving of the pattern jury instruction . . . did not violate
[appellant’s] constitutional rights, and he therefore had no right to
insist on a modified instruction”). See also Chatman v. Mancill, 280
Ga. 253, 258-259 (2) (c) (626 SE2d 102) (2006) (recognizing that the
mere fact that counsel was responsible for a delay in resolving post-
conviction motions did not mean counsel was ineffective and that
counsel may have strategic reasons for delaying litigation of post-
8 conviction motions). Accordingly, this claim fails.
Judgment affirmed. Peterson, CJ, Warren, PJ, and Ellington, McMillian, LaGrua, Colvin, and Pinson, JJ, concur.
Decided May 6, 2025.
Murder. Polk Superior Court. Before Judge Murphy.
Joshua J. Smith, for appellant.
Jack Browning, Jr., District Attorney; Christopher M. Carr,
Attorney General, Beth A. Burton, Deputy Attorney General, Meghan
H. Hill, Clint C. Malcolm, Senior Assistant Attorneys General,
Elizabeth H. Brock, Assistant Attorney General, for appellee.