Finnisseev.The State
Freddie Finnissee was convicted of malice murder and first-degree arson in the death of Diane Calhoun. He challenged the sufficiency of the evidence and alleged ineffective assistance because counsel did not request a voluntary-manslaughter instruction. The Georgia Supreme Court affirmed. The court held that the evidence supported the convictions and that counsel’s decision was consistent with an all-or-nothing defense. Finnissee had rejected a plea offer requiring a guilty plea to voluntary manslaughter and had proceeded to trial on the position that he did not commit the crimes. In those circumstances, the court held that no competent attorney was required to pursue a manslaughter instruction inconsistent with the defense strategy. Finnissee failed to show deficient performance or prejudice, and the convictions remained in place.
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