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O'Donnellv.Smith

CourtSupreme Court of Georgia
Docket No.S13A0783
DecidedNovember 18, 2013
Reporter294 Ga. 307; 751 S.E.2d 324; 2013 Fulton County D. Rep. 3553; 2013 WL 6050611; 2013 Ga. LEXIS 952
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureHabeas CorpusIneffective Assistance of CounselJury SelectionEvidenceDue ProcessReversalSpecial Concurrence
Case Summary

Ryan Allen Smith was convicted of malice murder and sentenced to life in prison. In state habeas proceedings, he alleged that trial and appellate counsel were ineffective for failing to challenge venue, permitting an unredacted indictment to go to the jury, and failing to challenge the seating of an alternate juror who had been sent home during deliberations. The habeas court granted relief on all claims and set aside Smith’s conviction. The Georgia Supreme Court reversed. It held that a juror’s affidavit generally cannot impeach the verdict, and Mahan’s account of internet research and deliberation impressions did not show the kind of prejudicial external influence that would overcome that rule. The record also established venue in Fulton County through testimony and crime-scene diagrams, so counsel was not deficient for omitting a meritless venue challenge. Any error in allowing the unredacted indictment to accompany the jury did not prejudice Smith because the Court had already found no harm from the underlying dead-docket issue on direct appeal. The Court therefore rejected the habeas court’s ineffective-assistance findings and reversed its judgment in full. Justice Nahmias concurred separately, suggesting that venue could be resolved more simply and that an earlier venue precedent should be reconsidered if necessary. All Justices concurred in the judgment.

Opinion

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