Cross v. State

Tracey Cross appeals from his conviction for aggravated assault, arguing that his trial counsel was ineffective. We find no error and affirm. So viewed, the evidence shows that Cross’s wife, his infant child, and the victim were among the guests at a 2001 Super Bowl party at the house the victim shared with a friend when Cross entered the house and began yelling at his wife. The victim escorted Cross out of the house into the carport, locked the kitchen door, and went back to watching the game. Cross then began kicking in the door. The victim was returning to that door when Cross broke it down and attacked the victim, cutting him repeatedly with a knife. The victim again forced Cross out of the house and into the carport, landing on top of Cross as he fell face down onto the brick floor, and beating him until he lost consciousness. The victim then retrieved the knife and threw it into the kitchen sink.

Two friends were wrapping the victim’s wounds by the sink when Cross entered the house for a third time. The victim, who was still bleeding, told Cross’s wife and child to run into a bedroom with him, which they did. When Cross tried to kick down the bedroom’s locked door as well, the victim put his back against it to keep him out. Cross’s father soon arrived, however, and the two men continued kicking the door, yelling that they were going to kill the victim, until its frame dislodged from the wall. As Cross and his father continued to thrust knives around the door frame, Cross’s wife tried to calm them, but was grazed with a knife. Police soon arrived and placed Cross in handcuffs.