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Smith v. State

Trial counsel had sound tactical reasons for not objecting to every improper statement the prosecution made during closing.

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In 2007, a DeKalb County jury convicted Anthony Maurice Smith and Vernon Lightburn of malice murder and related crimes arising out of the shooting death of Rodney Gresham and the kidnaping of his live-in bodyguard and chef, Bosheal “Bo” Morris. Smith and Lightburn claim their trial attorneys rendered constitutionally ineffective assistance of counsel by failing to object to improper argument in the prosecutor’s closing and the presence in the jury room of two sign language interpreters. Smith argues in addition that his lawyer was ineffective in failing to call a critical impeachment witness at trial. In an argument not raised by Smith, Lightburn contends that the trial court violated his constitutional right to be present at all critical stages of the proceedings against him by excusing a juror from service after Lightburn had been taken from the courtroom due to illness. For the reasons that follow, we affirm.1 1. Gresham owned a start-up music business called MDC, which stands for “Million Dollar Corporation.” He frequented night clubs with Morris where he would flash around large amounts of cash to project an image of success for himself and his fledgling music company. Lightburn was a friend of Gresham’s and a frequent visitor to his home. Smith was a friend of Gresham’s brother and had visited Gresham’s house only once before the incident in question.

On the morning of September 7, 2006, Lightburn paid a visit to Gresham at his house. Morris let Lightburn in, and Lightburn proceeded up the stairs to talk to Gresham. Shortly thereafter, Lightburn came back downstairs, telling Morris he needed to retrieve something from his car but that he would be right back.

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