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Jones v. State

Even if the trial court erred in declining to allow the male victim to testify regarding his conflict with the female victim, the error was harmless since the female victim testified later in the trial about the same evidence.

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In State v. Nicholson, 321 Ga. App. 314 739 SE2d 145 2013, we reversed the trial court’s grant of a new trial to both Jason Nicholson and Laranda Jones based on alleged errors in the jury instructions and verdict form. We then remanded the case for the trial court to consider the remaining issues raised in the motions for new trial but not ruled upon in its original orders. Id. at 320 3. Upon remand, the trial court denied both motions, and Jones and Nicholson appeal, asserting identical allegations of ineffective assistance of counsel and the improper limitation of cross-examination by the trial court. Finding no error, we affirm.

1. As we noted in the previous appearance of this case, “the record shows that the charges against Nicholson and Jones arose out of Nicholson’s methamphetamine transactions with the male victim, allegations of theft against the male victim by Nicholson, and a subsequent physical altercation between Nicholson, Jones, and the male victim and his girlfriend, the second victim.” Id. at 314-315. Jones and Nicholson contend that the trial court erred in curtailing the cross-examination of the victims “regarding the events of the next day.” The day after the robbery and aggravated assaults for which Jones and Nicholson were convicted, the female victim called the police to complain that the male victim had stolen her car. The police investigation uncovered drug paraphernalia in the male victim’s room, and he was arrested. At the time of trial, charges remained pending against the male victim.

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