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State v. Shelton

The trial court erred in granting the defendant a new trial based on a finding of ineffective assistance of trial counsel, since the defendant did not make a strong showing that evidence officers found in his vehicle pursuant to a consent search would have been suppressed had defense counsel filed a motion to do so.

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Following a jury trial, Fredrick Leon Shelton Sr. was convicted of possession of cocaine OCGA § 16-13-30 a, two counts of obstructing an officer OCGA § 16-10-24 a, and a sound violation OCGA § 40-6-14 a. The trial court granted Shelton’s motion for new trial, finding that trial counsel was ineffective for failing to file a motion to suppress, properly investigate the case, interview and call witnesses on Shelton’s behalf at trial, and object to the admission of evidence. The State appeals, contending that the trial court erred in finding that trial counsel was ineffective. For the reasons that follow, we reverse.

The first grant of a new trial on the general grounds will ordinarily not be disturbed by the appellate court absent an abuse of discretion in that the evidence demanded the verdict rendered. However, the first grant of a new trial on special grounds involving a question of law is reviewable in a proper appeal. We review such a question of law de novo and reverse if the trial court committed legal error.

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