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Thomas v. State

The defendant and two other men fought with the victim, chased him, knocked him to the ground and fatally stabbed him.

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Appellant Robert Thomas was convicted of felony murder, aggravated assault, and two counts of possession of a knife during the commission of a felony arising out of the stabbing death of Robert Arnold.1 He appeals from the denial of his motion for new trial, alleging that trial counsel provided ineffective assistance by failing to investigate potential character witnesses and failing to call him as a witness at trial. Finding no error, we affirm. 1. The evidence showed that on the night of the crimes a group of people, including Thomas, were drinking and listening to music outside an Athens apartment. After Thomas and two other men began fighting with the victim, the victim broke free and ran away, yelling that he would return and “show them something.” Thomas and the other men chased after the victim, knocked him to the ground, and fatally stabbed him. We find the evidence was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that Thomas was guilty of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Thomas contends he received ineffective assistance of counsel in several regards. To prevail on a claim of ineffective assistance of counsel, a defendant must not only show that counsel’s performance was deficient, but must also demonstrate a reasonable probability that the deficient performance affected the outcome of the proceeding. Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984; Smith v. Francis , 253 Ga. 782, 783-784 1 325 SE2d 362 1985. The criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. Sweet v. State , 278 Ga. 320, 321-322 602 SE2d 603 2004.

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