Ucak v. State

Defense counsel made a legitimate tactical choice in deciding not to request a continuance to call a psychiatrist who acknowledged that jurors might have difficulty accepting his opinion that defendant experienced a dissociative reaction.

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A jury found Yucel Ucak guilty but mentally ill of three offenses: felony murder while in the commission of an aggravated assault; aggravated assault; and, aggravated assault on a police officer. The trial court sentenced him to life imprisonment for murder, and to consecutive 20-year terms for the aggravated assaults. After the denial of a motion for a new trial, Ucak appeals from the judgments of conviction and sentences imposed on the jury’s guilty verdicts. 1

1. Appellant is a Turkish national who befriended Wayne and Linda Gross while they lived in Turkey. After Mr. and Mrs. Gross returned to the United States, they remained in contact with him. He eventually came to this country and became a guest in their Cobb County home. In August of 1995, the defendant left to visit other friends in Florida, but he returned in December. At that time, Mrs. Gross noticed that Ucak was acting strangely, and her husband asked him to leave. On the morning of December 16, 1995, appellant shot and stabbed Mr. Gross. He then fired the gun at Mrs. Gross, but she managed to phone 911 and to escape by jumping from a second-story window. Ucak shot one of the policemen who responded to the call. Mr. Gross suffered numerous stab wounds, and died from a gunshot to his chest. The defendant asserted justification and insanity defenses, but the court-appointed psychologist testified that, in his opinion, Ucak was not legally insane. The evidence is sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt that appellant was guilty but mentally ill of the three offenses. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Fuss v. State, 271 Ga. 319 1 519 SE2d 446 1999.

Ucak v. State

Defense counsel made a legitimate tactical choice in deciding not to request a continuance to call a psychiatrist who acknowledged that jurors might have difficulty accepting his opinion that defendant experienced a dissociative reaction.

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