Legal Opinion

Owens v. State

Supreme Court of Georgia

Decided October 5, 1998No. S98A1160PublishedCited by 7 opinions

1Opinion of the Court

Fletcher, Presiding Justice.

A jury convicted Damian Owens of the malice murder of David Colbert and the aggravated assault of Brian Greenleaf and Brandon Hamm. Owens appeals, contending that his trial counsel was ineffective. Because Owens has failed to demonstrate prejudice and the facts do not demand a presumption of prejudice, we affirm.

The evidence at trial showed that Owens, Reginald Thomas, 2 and another person were driving around late one evening in a rented Montero. Owens and his friends got into an argument with Colbert, Greenleaf, and Hamm, who were also driving around. A short time…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Thomas v. StateSupreme Court of Georgia · 1997
  4. State v. LarocqueSupreme Court of Georgia · 1997
  5. Ross v. KempSupreme Court of Georgia · 1990

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Turpin v. CurtisSupreme Court of Georgia · 2004
  2. Young v. StateSupreme Court of Georgia · 2005
  3. Pitts v. StateCourt of Appeals of Georgia · 2005
  4. Shiver v. StateSupreme Court of Georgia · 2003
  5. MacHuca v. StateCourt of Appeals of Georgia · 2006

2 more not listed; retrieve them via the Exa API.

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