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Trim v. Shepard

The habeas court properly denied defendant's petition for a writ of habeas corpus, as he failed to show that he was denied the effective assistance of counsel on appeal.

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Cortez McClain, Walter Simon, and Anthony Gene Trim were tried by a Gwinnett County jury and convicted of several crimes in connection with an attempted robbery.1 At trial, there was a dispute about the qualification of a prospective juror, whose daughter previously had been prosecuted in Gwinnett County for an armed robbery. During voir dire, the prospective juror expressed her discomfort with serving on the jury, explaining that the same prosecuting attorney had been involved in her daughter’s case, and noting that her daughter had been represented in that case by the lawyer now representing Trim. The prosecuting attorney sought to have the prospective juror struck for cause, but McClain, Simon, and Trim wanted to keep her. Over their objections, the trial court excused the prospective juror.

McClain, Simon, and Trim appealed, and each claimed that the evidence was legally insufficient to sustain his convictions. In addition, McClain alone asserted that the trial court erred when it excused the prospective juror for cause. Finding the evidence legally sufficient, the Court of Appeals affirmed Simon and Trim’s convictions. Simon v. State, 320 Ga. App. 15, 19-20 1, 25 4 739 SE2d 34 2013. But as to McClain, the Court of Appeals reversed his convictions, reasoning that a trial court has discretion to excuse a prospective juror for cause only after an adequate inquiry has been conducted, and concluding that the inquiry into the impartiality of the prospective juror in question was inadequate. Id. at 24 3.2 Following the decision of the Court of Appeals, the State did not seek further review in this Court by writ of certiorari.

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