Thornton v. State

Trial counsel's strategy of contesting the kidnapping charge, while essentially conceding the lesser charges made the fingerprint analysis immaterial.

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Following a jury trial, Eddie Thornton appeals from his conviction of false imprisonment,1 robbery,2 battery,3 and obstruction of an officer.4 Thornton contends that 1 he received ineffective assistance of counsel, and 2 the trial court erred by denying his personal request for a continuance to hire a new attorney. For the reasons that follow, we affirm. Construed in favor of the verdict,5 the evidence shows that as Erin Haney drove into her apartment complex after work, she noticed Thornton standing in the breezeway a few feet from where she parked her car. Haney remained in her car, closely observing Thornton to determine whether she had met him before. After monitoring Thornton, she exited her car and went inside her ground-floor apartment. About 20 minutes later, Haney exited her apartment to go out for the evening and noticed Thornton still in the apartment complex. As Haney approached her car, Thornton violently attacked her from behind, grabbing her lower jaw with his hand inside her mouth in an attempt to keep her quiet. Haney fought and screamed, but Thornton ultimately forced Haney back inside her apartment, where he robbed her of her keys and purse, which contained cash and her only telephone. Thornton then left the apartment, and after Haney composed herself, she retrieved her handgun and a spare car key to drive to a phone. As Haney stepped outside her door, she encountered and confronted Thornton, who eluded Haney after a short foot chase.

Haney found her cell phone nearby and called the police. That same evening, police arrested Thornton based on Haney’s description, and she identified Thornton in a “show up” identification. Thornton was charged with five offenses arising from the attack and his arrest, and he was convicted on all counts except for a kidnapping charge. Following the denial of his motion for new trial, Thornton filed this appeal.

Thornton v. State

Trial counsel's strategy of contesting the kidnapping charge, while essentially conceding the lesser charges made the fingerprint analysis immaterial.

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