Hart v. State

Trial counsels' decision not to raise the defendant's mental health in connection with his obstruction charge was based on trial strategy, since they intended to argue that defendant kicked the officer accidentally.

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David Lane Hart appeals from the trial court’s denial of his “Motion to Withdraw Guilty Pleas.” We affirm. On November 23, 2000, two individuals approached the Royston chief of police in the police department parking lot and told him that Hart was driving erratically and had run them off the road. They identified Hart’s car as it drove nearby. Captain Johnny Bannister of the Franklin County Sheriff’s Department testified at the hearing on the motion to withdraw that he was in the parking lot at the time. He could see the car from the parking lot and observed that Hart was not wearing a seat belt. Bannister pulled his car behind Hart’s car and activated his blue lights. After the officer stopped Hart’s car, he approached the driver’s side window and asked for identification. Hart was unable to produce a driver’s license. The officer recognized Hart and knew that his license had been suspended. Hart was arrested and placed in the back of Bannister’s patrol car to be transported to jail. During the trip to the jail, Hart began kicking Bannister in the head from the back seat of the car, which was not equipped with a protective screen. Hart was subsequently charged with habitual violator, driving under the influence, felony obstruction, no insurance and a seat belt violation.

At the time of his arrest, Hart was on probation for a prior conviction. As a result of the incident in this case, a probation revocation hearing was held on January 11, 2001. The trial court found that Hart violated probation, and he was sent to a probation detention center.

Hart v. State

Trial counsels' decision not to raise the defendant's mental health in connection with his obstruction charge was based on trial strategy, since they intended to argue that defendant kicked the officer accidentally.

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