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Bates v. State

Trial counsel's presentation of an involuntary manslaughter defense was not deficient where the defendant did not point to any other defense that trial counsel should have pursued.

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A jury convicted Clifton Boyd Bates of felony murder, aggravated assault, and possession of a firearm during the commission of a felony arising out of the shooting death of Bates’s brother. This Court previously affirmed his convictions, but remanded for the trial court to address the claim of ineffectiveness of trial counsel.1 Bates now appeals the trial court’s denial of that claim. Because Bates has not established that his trial counsel’s performance prejudiced him, we affirm. The evidence at trial showed that Bates and the victim were brothers. After arguing earlier in the day, Bates held a gun as he stood in the doorway of the victim’s bedroom, while the victim sat on the bed. The two continued to argue and the victim said, “You’ve been bullying me for many years, if you’re going to shoot me, just go ahead and shoot me now.” Bates pointed his gun at the victim and shot him in the head from a distance of one foot.

To establish a claim of ineffective assistance of counsel, a defendant must show that the attorney’s performance fell below an objective standard of reasonableness, and that, but for this deficient performance, a reasonable probability exists that the result of the trial would have been different.2 A court need not examine the deficiency prong when the record demonstrates that no prejudice occurred.3

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