X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Derric Duvall Jones was found guilty by a Fulton County jury of trafficking in cocaine. His amended motion for new trial was denied, and he appeals, asserting three enumerations of error. Finding no error, we affirm. 1. Although Jones failed to enumerate the general grounds and argues them only as part of his ineffective assistance of counsel claim, we have examined the record and conclude that the evidence was sufficient for a rational trier of fact to find Jones guilty under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Jones asserts that the verdict is void because the order appointing the senior judge who presided over the trial expired while the jury was deliberating.1 He also argues ineffective assistance of counsel in failing to raise an objection to the appointment order, which he raises in the third enumeration of error but argues under the first. Both arguments, however, are foreclosed by our recent decision in Oliver v. State , 273 Ga. App. 754 615 SE2d 846 2005. As in Oliver , Jones failed to raise a timely objection to the expiration of the order. He raised it for the first time in his amended motion for new trial, and “failure to raise this issue prior to the commencement of trial precludes appellate review of this issue.” Citations, punctuation, and footnote omitted. Id. at 756 2. Moreover, a defendant claiming ineffective assistance of counsel must show 1 that his attorney’s representation in specified instances fell below an objective standard of reasonableness and 2 there is a reasonable probability that, but for counsel’s unprofessional errors, the results of the proceeding would have been different. We are not required to address both components of the test if the defendant has made an insufficient showing on one. And we will uphold a trial court’s finding that counsel was effective unless it was clearly erroneous. Citations, punctuation and footnotes omitted. Id. at 756-757 3. Jones “has not shown that trial counsel was ineffective for failing to object to the order appointing Judge Ison because he has failed to show that he was denied a fair trial by virtue of the appointment order. As a result, he has not satisfied the prejudice component of the test.” Citation and footnote omitted. Id. at 757 3.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›