Young v. State

738 S.E.2d 575, 292 Ga. 443, 2013 Fulton County D. Rep. 296, 2013 WL 593489, 2013 Ga. LEXIS 148
CourtSupreme Court of Georgia
DecidedFebruary 18, 2013
DocketS12A1695
StatusPublished
Cited by37 cases

This text of 738 S.E.2d 575 (Young 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
Young v. State, 738 S.E.2d 575, 292 Ga. 443, 2013 Fulton County D. Rep. 296, 2013 WL 593489, 2013 Ga. LEXIS 148 (Ga. 2013).

Opinion

Blackwell, Justice.

Marquis Young was tried by a Chatham County jury and convicted of murder and possession of a firearm during the commission of a crime. Young appeals, contending that the trial court erred when it allowed the State to reopen the evidence after closing argument had begun and that he was denied the effective assistance of counsel. Upon our review of the record and briefs, we see no error and affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Ramone Bowers was repeatedly and fatally shot with a .40-caliber pistol on East Duffy Street in Savannah on the evening of September 25,2006. Several witnesses heard gunshots, and they saw the gunman, whom they could not identify, stand on the bumper of a white SUV and shoot down at the victim, who was in front of the SUV. One witness recalled seeing the gunman hold on to the spoiler of the SUV with his right hand as he shot Bowers with a weapon that he fired from his left hand. Fingerprints lifted from the spoiler of that SUV matched fingers on Young’s right hand, and Young was shown to be left-handed. In addition, a jailhouse informant testified that Young admitted to shooting Bowers and said that he did so because Bowers had shot at him a few days before. According to the informant, Young said that he jumped on a “car or truck” and shot down at Bowers, who was in front of the vehicle. Young also acknowledged that he might have left his fingerprints on the vehicle when he jumped onto it, the informant said.

Although Young attacked the credibility of the jailhouse informant, we must view the evidence in the light most favorable to the verdict and leave questions of credibility and the resolution of conflicts in the evidence to the jury. As a result, we conclude that the evidence in this case was sufficient to authorize a rational trier of fact to find Young guilty beyond a reasonable doubt of the crimes of which [444]*444he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See also Talbott v. State, 148 Ga. App. 171, 173 (1) (251 SE2d 126) (1978).

2. Young contends that the trial court abused its discretion when it allowed the State to reopen the evidence after his lawyer had begun his closing argument. During his closing argument, Young’s lawyer pointed out that, although the jailhouse informant testified that Young admitted using a Glock .40-caliber gun to shoot Bowers,2 the State “could” have known from ballistics testing whether Bowers was shot with a Glock. The State objected, arguing that Young previously had stipulated that the ballistics report concluded that Bowers was killed with bullets fired by a Hi-Point .40-caliber pistol and that the State, therefore, had no reason to present evidence about whether ballistics testing had ruled out the possibility that Bowers was killed with a Glock. The trial court ruled that the State could reopen the evidence so that its ballistics expert could testify about his findings.

Although Young casts his lawyer’s statement during closing argument as a challenge to the credibility of the jailhouse informant — not a challenge to the thoroughness or accuracy of the State’s ballistics testing — the trial judge also understood Young to be attacking the State’s failure to conduct adequate ballistics testing. That was not an unreasonable understanding of the closing argument. And whether to reopen the evidence is a matter that rests within the sound discretion of the trial court. See Carter v. State, 263 Ga. 401, 402 (2) (435 SE2d 42) (1993); Britten v. State, 221 Ga. 97, 101 (4) (143 SE2d 176) (1965) (“It is within the discretionary power of the court to allow a witness to be sworn after the evidence on both sides has been announced closed and the argument has been commenced ----”) (citation and punctuation omitted). Here, Young had stipulated that the weapon used to shoot Bowers was a Hi-Point .40-caliber pistol, so the trial court did not abuse its discretion in allowing the State to reopen the evidence after Young’s lawyer said that the State “could” have shown through ballistics testing whether the weapon used in the crime was consistent with a different weapon mentioned by the jailhouse informant.

In any event, Young has failed to show that he was harmed by the reopening of the evidence. The ballistics expert’s testimony confirmed that the bullets found at the crime scene were consistent with having been fired by a Hi-Point .40-caliber pistol — just as provided [445]*445in the stipulation — not a Glock. So, to the extent that Young’s closing argument was an attempt to discredit testimony that the weapon used was a Glock, the testimony of the ballistics expert did just that. See Childs v. State, 257 Ga. 243, 255 (18) (357 SE2d 48) (1987).

3. Young also contends that he was deprived at trial of the effective assistance of counsel. To prevail on this claim, Young must prove both that the performance of his lawyer was deficient and that he was prejudiced by this deficient performance. Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). To show that the performance of his lawyer was deficient, Young must prove that his lawyer performed his duties at trial in an objectively unreasonable way, considering all the circumstances, and in the light of prevailing professional norms. See id. at 687-688 (III) (A). See also Kimmelman v. Morrison, 477 U. S. 365, 381 (II) (C) (106 SC 2574, 91 LE2d 305) (1986). And to show that he was prejudiced by the performance of his lawyer, Young must prove “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U. S. at 694 (III) (B). See also Williams v. Taylor, 529 U. S. 362, 391 (III) (120 SC 1495, 146 LE2d 389) (2000). This burden, although not impossible to carry, is a heavy one. See Kimmelman, All U. S. at 382 (II) (C). We conclude that Young has failed to carry his burden.

(a) First, Young claims that his trial lawyer was ineffective because he failed to object on hearsay grounds when a witness was allowed to read into the record a letter that the witness had received from the jailhouse informant. In the letter, the informant claimed that Young confessed to the murder and asked the recipient of the letter to contact the district attorney. The informant also expressed his hope that someone from law enforcement would “come see [him] ASAP” and that he would be released from jail if he provided the information that he had gathered while he had been incarcerated.3

When asked about this alleged deficiency in his representation at the hearing on Young’s motion for new trial, Young’s trial lawyer said that he knew that the j ailhouse informant was going to testify at trial, and he wanted to have the contents of the letter introduced early so that he would “have a chance to defuse [the informant’s claims] on [446]*446more than one occasion. . .

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Bluebook (online)
738 S.E.2d 575, 292 Ga. 443, 2013 Fulton County D. Rep. 296, 2013 WL 593489, 2013 Ga. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-ga-2013.