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Smith v. State
Citations: 662 S.E.2d 817; 291 Ga. App. 725; 2008 Fulton County D. Rep. 1960; 2008 Ga. App. LEXIS 626Docket: A08A0150
Court: Court of Appeals of Georgia; May 30, 2008; Georgia; State Appellate Court
Zatorian Smith appealed his conviction for voluntary manslaughter following a bench trial, asserting that the evidence was insufficient for conviction and claiming ineffective assistance of counsel for waiving his right to a jury trial. The Court of Appeals of Georgia affirmed the conviction, emphasizing that evidence must be viewed favorably for the factfinder. The case involved an incident on June 28, 2002, where Smith, responding to a call from his cousin's girlfriend Annie Loundy, confronted the victim who had followed her home and allegedly harassed her. During a heated exchange, Smith shot the unarmed victim, who was wearing Loundy's stolen clothing. An eyewitness identified Smith as the shooter, and a bullet found in Smith's apartment matched the one removed from the victim. Smith was initially charged with murder and related offenses but was convicted of voluntary manslaughter. The court determined that the evidence was sufficient to support the conviction, stating that credibility issues are for the trial court to resolve. Smith argued ineffective assistance of counsel, claiming his lawyer advised him to waive a jury trial, which he believed prejudiced his case. However, the court noted that such a decision is typically a tactical one and does not constitute ineffective assistance unless it is deemed objectively unreasonable. The trial counsel's strategic choice was based on the belief that a jury would not respond favorably to the circumstances of the shooting. A bench trial was recommended due to the belief that a judge, familiar with similar violent cases, might be more lenient. Smith's attorney's suggestion to proceed with a bench trial was deemed a reasonable strategy, supported by case law. Smith was informed that the choice to waive his jury trial right was his, and he did so knowingly. Despite Smith's argument that his waiver was ineffective because the state objected to a bench trial, the state's current lack of insistence on its objection rendered this claim moot. The judgment was affirmed. Additionally, during the trial, Smith's counsel requested consideration of voluntary manslaughter as a lesser offense, which was consistent with Smith's eventual acquittal of murder and conviction for voluntary manslaughter, indicating that the legal assistance provided was within a reasonable standard of effectiveness.