Wright v. State

794 S.E.2d 105, 300 Ga. 185, 2016 Ga. LEXIS 760
CourtSupreme Court of Georgia
DecidedNovember 21, 2016
DocketS16A1035
StatusPublished
Cited by8 cases

This text of 794 S.E.2d 105 (Wright 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
Wright v. State, 794 S.E.2d 105, 300 Ga. 185, 2016 Ga. LEXIS 760 (Ga. 2016).

Opinion

HINES, Presiding Justice.

Cornelius Wright appeals his convictions for the malice murder of victim Mitchieano Carmichael and other crimes. For the reasons that follow, we affirm.1

Construed to support the verdicts, the evidence showed that on December 17, 2006, Wright shot and killed Carmichael following a series of run-ins between Wright and others after Wright allegedly attempted to sell drugs in an area in Augusta, Georgia, that another drug dealer, Michael Edwards, claimed as his exclusive territory. Among the individuals involved in confronting Wright was Carmichael’s younger brother, Zeaccatae (“Zeke”), who got into a physical altercation with Wright after Wright verbally threatened him.

Learning of the fight between Wright and his brother, Carmichael announced plans to retaliate against Wright and obtained a ride from Shakeela McNair for himself and a friend, Donnell Houston, to the house where the fight had occurred. Also riding in the car with McNair and the men was McNair’s baby daughter and Megan McClendon, the car’s owner. When they arrived at the location, Carmichael exited the vehicle and was immediately confronted by an armed Wright, who briefly exchanged words with Carmichael before shooting him in the leg. After initially falling down, Carmichael quickly got up and ran toward the house chased by Wright. Unable to gain entrance, Carmichael attempted to escape Wright by running down the street, but Wright continued to follow him, firing repeatedly Hit in the back by several bullets, Carmichael eventually fell wounded onto the sidewalk. Wright then proceeded to stand over Carmichael as he lay on the ground and fire a few final rounds at the victim. Shot a total of five times, Carmichael died at the scene from multiple gunshot wounds. Houston, who ran from the car during the shooting, witnessed the attack, as did McNair and McClendon, who remained in the car with the baby

[186]*186Hearing the gunfire, Edwards came out of a nearby house and was also fired upon by Wright, but was uninjured. Wright then approached the women in McClendon’s car and McNair begged him not to shoot because the baby was present. Wright finally drove off in a car belonging to his girlfriend and, after briefly hiding out in a motel, traveled by train to New York City where he stayed with relatives. Subsequently identified as the shooter by several eyewitnesses, Wright was eventually apprehended by law enforcement officials in New York and returned to Richmond County to stand trial. Wright testified at trial and admitted to having shot at Carmichael, but claimed he had done so only in self-defense.

1. The evidence as described above was sufficient to authorize the jury to find Wright guilty beyond a reasonable doubt of the crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. Wright contends that his trial counsel failed to provide effective assistance in that counsel failed to object to the State’s cross-examination of Wright about his pre-arrest silence. Under former Georgia law, the prosecution was not allowed to comment on a defendant’s pre-arrest silence even when the defendant took the witness stand at trial.2 See Collins v. State, 289 Ga. 666, 667 (2) (715 SE2d 136) (2011); Landers v. State, 270 Ga. 189, 190 (2) (508 SE2d 637) (1998). To prevail on his claim of ineffective assistance, however, Wright must show both that his 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 SCt 2052, 80 LE2d 674) (1984). In order to meet the first prong of the required 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, and decisions regarding trial tactics and strategy may form the basis for an ineffectiveness claim only if they were so patently unreasonable that no competent attorney would have followed such a course. Redding v. State, 297 Ga. 845, 850 (5) (778 SE2d 774) (2015). To meet the second prong of the test, Wright must show that there is a reasonable probability that, [187]*187absent any unprofessional errors on counsel’s part, the result of his trial would have been different. Smith, supra at 783.

At trial, Wright testified in his own defense and was cross-examined by the State. During direct examination, Wright’s trial counsel elicited testimony from him that his confrontation with Zeke ended when Zeke’s friends arrived with an assault rifle. Upon seeing the rifle, Wright claimed that he ran to the back yard of the house where the altercation occurred to obtain a gun for himself, and that when he returned, Zeke and the others had left. Asked by his trial counsel whether he called the police to report this incident, Wright stated he did not, explaining that he did not have his cell phone on him at the time.

Wright additionally testified that later that night he was in the front yard of the same house when a car pulled up and Carmichael jumped out and began yelling at him. Wright claimed he was alarmed by Carmichael’s actions because he knew Carmichael owned at least two guns. Wright claimed that as he tried to turn away from Carmichael, he heard two gunshots which prompted him to run behind a car and then fire his gun multiple times in self-defense. Wright admitted that after he fired shots at Carmichael in self-defense, he also fired a warning shot at Edwards when he saw him shortly thereafter. Wright stated that he then left the scene, ultimately contacting a girlfriend to take him to the train station where he caught a train to New York. Questioned by his counsel about why he left town immediately after the shooting, Wright testified that he did so out of fear that Zeke and the others would come looking for him, and that he did not know whether Carmichael had actually been shot.

Thereafter, during cross-examination, the prosecutor asked Wright four questions which focused on Wright’s failure to contact police following the incident with Zeke or after the subsequent shooting, including questions regarding Wright’s professed lack of access to a cell phone, his claim to have fled the jurisdiction solely as an act of self-preservation, and his unprompted assertion that he believed any investigation conducted by police would clear him. Although such questions ordinarily would constitute improper comments by the State on Wright’s pre-arrest silence, the prosecution in this case had every right to pursue a thorough and sifting examination after Wright’s counsel opened the door to this line of questioning on direct examination. See Doyle v. State, 291 Ga. 729, 733 (733 SE2d 290) (2012). Any objection by Wright’s counsel to these comments regarding Wright’s pre-arrest silence thus would have been overruled. As the failure to make a meritless objection cannot constitute ineffective [188]

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Bluebook (online)
794 S.E.2d 105, 300 Ga. 185, 2016 Ga. LEXIS 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-state-ga-2016.