Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Davis v. State

Defense counsel's decision not to hire an accident reconstruction expert was a matter of trial strategy.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Earnest Vann Davis appeals his conviction of first degree vehicular homicide1 six counts, DUI less safe,2 reckless driving,3 improper passing,4 and speeding.5 Specifically, Davis contends that the trial court erred in failing to grant him a new trial based on his claim of ineffective assistance of counsel. We discern no error and affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Punctuation omitted. Eady v. State .6

So viewed, the record shows that after spending the day drinking alcoholic beverages, Davis was driving with five friends in his car. As Davis attempted to pass another car at a high rate of speed in a no-passing zone, his car collided head-on with an oncoming car driven by Patricia Turner. Turner had three daughters and a niece in her car. The collision killed Turner, her niece, one of Turner’s daughters, and three of Davis’s companions. When emergency personnel arrived and pried open the roof of Davis’s vehicle, a witness smelled an odor of alcoholic beverage, and police found containers of alcoholic beverages. A blood sample was taken with consent from Davis, who also exhibited a strong odor of alcoholic beverage, and the sample registered a .08 blood-alcohol concentration. Davis received medical treatment and was ultimately charged with first degree vehicular homicide six counts, DUI less-safe, reckless driving, improper passing, and speeding. Following his conviction on those counts7 in a jury trial, Davis moved for a new trial, claiming ineffective assistance of counsel. The trial court held an evidentiary hearing and denied Davis’s motion, giving rise to this appeal.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
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
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements