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Morgan v. State

Defendant failed to show that his trial counsel was ineffective for failing to call several unnamed witnesses who allegedly would have testified in his favor.

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Following a jury trial, Christopher Morgan appeals his convictions of aggravated assault and possession of a firearm during the commission of a crime. Morgan contends that he was afforded ineffective assistance due to his trial counsel’s failure to subpoena certain witnesses who would have contradicted testimony of the State’s witnesses. Morgan’s convictions are affirmed because he has failed to make a proper proffer of the testimony of the uncalled witnesses and show how such testimony would have affected the outcome of his case.

During the hearing on Morgan’s motion for new trial, Morgan testified that he told his trial counsel the name of a witness who would testify that the victim said that Morgan did not shoot him. Morgan testified that he made the statement to his trial counsel that, “You know, talk on the street—I know there is a lot of talk sometimes, but this, you know what I’m saying, you know, that—ain’t no way in the world that it was me.” Morgan testified about several other witnesses whose testimony would contradict the testimony of some of the State’s witnesses. Morgan did not know these witnesses’ names, but he described them in terms of their occupation and actions on the night of the crime. Morgan’s trial counsel testified that Morgan did not discuss these witnesses with him while they were preparing for trial.

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