lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
KELLY v. THE STATE.
S96A1402.
HUNSTEIN, Justice.
Murder. Fulton Superior Court. Before Judge Jenrette.
Osceola Kelly was indicted on charges of murder, felony murder, two counts of kidnapping, and aggravated assault, arising out of the death of Aisha Heard and injuries to Jamina Bolston and Kelly's co-defendant, William Berry. Following a joint trial with Berry, a jury found Kelly guilty of malice murder and the other related charges. He now appeals from the denial of his amended motion for new trial. 1
1. Evidence was adduced from which the jury was authorized to find that Kelly and Berry were involved in a "shoot-out" on a playground at an Atlanta public housing complex on the night of September 10, 1993. The confrontation left Kelly wounded in the foot, Jamina Bolston wounded in the buttocks and Aisha Heard dead from a gunshot wound to the head. The children, Bolston and Heard, were shot by Berry after Kelly grabbed them and used them as shields during the gunfight.
We find the evidence sufficient to enable a rational trier of fact to find Kelly guilty of the crimes for which he was convicted beyond a reasonable doubt under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. In his sole enumeration of error on appeal, Kelly contends he was denied effective assistance of counsel because his trial attorney failed to request a severance of his trial from that of his co-defendant.
He also maintains that he was prejudiced because this was counsel's first criminal trial.
Washington, supra.
Nor is there any merit to Kelly's assertion that a claim of ineffectiveness can be based upon a showing of his counsel's lack of criminal trial experience. The successful claim for ineffectiveness of trial counsel rests upon specific errors made by counsel and does not rest upon trial counsel's inexperience. United States v. Cronic, 466 U. S. 648, 665 (104 SC 2039, 80 LE2d 657) (1984).
Notes
1  The crimes occurred on September 10, 1993. Kelly was indicted on February 25, 1994 in Fulton County. He was found guilty on August 19, 1994 and was sentenced on September 12, 1994. His motion for new trial, filed on October 12, 1994, as amended by new appellate counsel on December 18, 1995, was denied on December 19, 1995. A notice of appeal was filed on January 2, 1996. The transcript was certified on May 15, 1996, and the appeal was docketed on May 24, 1996. Oral arguments were heard on September 17, 1996.
Lewis R. Slaton, District Attorney, Leonora Grant, Kirby Clements, Jr., Assistant District Attorneys, Michael J. Bowers, Attorney General, Wesley S. Horney, Assistant Attorney General, for appellee.
Alterman & Associates, Cathy M. Alterman, for appellant.
DECIDED NOVEMBER 4, 1996.
Thursday May 21 06:14 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com