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Jordan v. State

Defense counsel did not have to object to admission of a document indicating that co-defendant tried to influence a state witness to lie, since he may have wished to avoid connecting that document to defendant.

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Jacob Jordan was convicted by a jury of burglary, aggravated assault, and possession of a firearm during the commission of a crime. Jordan appeals, claiming that his trial counsel was ineffective in failing to object to the admission of a document that sought to influence the State’s witness, Bryan Huff, to exculpate Jordan’s co-defendant, Jami Scott. We find the trial court’s denial of Jordan’s motion for new trial on the basis of ineffective assistance of counsel was not clearly erroneous and affirm.

At trial, Huff testified that on March 14, 1997, he heard Jordan and Scott talking about robbing Huff’s cousin, Henry Patterson. Jordan and Scott asked Huff if he wanted to join them and Huff agreed, although he claimed he did so only because he was afraid they would come after him if he declined.

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