Northington v. State

The record did not support the defendant's contention that his chosen counsel falsely assured him that his case would not be tried until counsel's 6-month suspension from practicing law had expired.

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Following a jury trial and the denial of his motion for new trial, Northington appeals his conviction for battery, arguing that his initial counsel below falsely assured him that his case would not be tried until counsel’s six-month suspension from practicing law had expired, and that therefore counsel would represent Northington at trial. In fact, another attorney had to represent Northington at trial when the trial took place during the suspension period. Because evidence supports the trial court’s finding that no such false assurance was made, we affirm. Construed in favor of the verdict, Short v. State ,1 the evidence shows that during an argument with his wife in June 2005, Northington repeatedly struck her in the face and head, resulting in visible bruising injuries to her face and eye. Denying that he struck his wife, Northington claimed that his wife attacked him, and that he simply held her arms to prevent further assaults upon him.

In August 2005, Northington was charged with battery,2 simple battery,3 and making harassing phone calls.4 He hired attorney Coatsey Ellison to represent him. In February 2006, however, the Georgia Supreme Court suspended attorney Ellison from practicing law for a period of six months. In the Matter of Coatsey Ellison .5 Construed in favor of the trial court’s ruling on the motion for new trial, see State of Ga. v. A 24 Hour Bail Bonding ,6 the evidence further shows that attorney Ellison informed Northington of the suspension, advised him that he needed new counsel, told him that attorney Ruby Thomas was taking over his office during the suspension, and advised him that unless Northington objected, attorney Thomas would take over the case under the same financial arrangement. The State Bar also informed Northington of the suspension as did attorney Ellison’s assistant, who spoke to Northington about the substitution of counsel. In March 2006, attorney Thomas substituted as counsel in the case with no objection from Northington and successfully sought a continuance.

Northington v. State

The record did not support the defendant's contention that his chosen counsel falsely assured him that his case would not be tried until counsel's 6-month suspension from practicing law had expired.

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