X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a jury trial, Kendius Quwantez Hill was found guilty of the malice murder of Travis Gober. The trial court entered judgment of conviction and sentenced Hill to life imprisonment. Thereafter, the trial court granted an out-of-time appeal and subsequently denied a motion for new trial. Hill appeals, enumerating as error ineffective assistance of trial counsel. 1. Construed most strongly in support of the verdict, the evidence shows that Mario Hanes told several persons that he wanted revenge for a robbery committed by the victim. According to the eyewitness testimony of Eric Pollock, Hanes handed a gun to Hill, who ran up to the victim, accused him of robbery, and fatally shot him in the head. After his arrest, Hill gave police conflicting statements, initially denying involvement and then accusing Hanes of shooting the victim. Hill finally admitted that he shot the victim, but claimed that he acted in self-defense. This evidence was sufficient for a rational trier of fact to find Hill guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia , 443 U.307 99 SC 2781, 61 LE2d 560 1979; Jones v. State , 280 Ga. 205 1 625 SE2d 1 2006. ” ‘ “ Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court. Cit.” Cit.’ Cit.” Jones v. State , supra 206 1.

2. In order to prevail on his claim of ineffective assistance under Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984, Hill “must prove both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance. Cit.” White v. State , 283 Ga. 566, 569 4 662 SE2d 131 2008. ” ‘On appeal, this Court accepts the trial court’s findings of fact, unless they are clearly erroneous. However, the trial court’s legal conclusions are reviewed de novo. Cit.’ Cit.” King v. State , 282 Ga. 505, 506 2 651 SE2d 711 2007.

 
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
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Named in the 2025 edition of U.S. News - Best Lawyers "Best Law Firms" for the 15th consecutive year in both Medical Malpractice Law and Per...


Apply Now ›

Duane Morris LLP (a 900 lawyer firm with 20 plus offices across the country, and in London and Singapore) seeks an experienced commercial fi...


Apply Now ›

NOTICE OF FEDERAL MAGISTRATE JUDGE VACANCIES IN ATLANTA AND ROME, GAThe U.S. District Court for the Northern District of Georgia is acceptin...


Apply Now ›