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Statev.Worsley

CourtSupreme Court of Georgia
Docket No.S13A0132
DecidedJuly 1, 2013
Reporter293 Ga. 315; 745 S.E.2d 617; 2013 Fulton County D. Rep. 2044; 2013 WL 3287148; 2013 Ga. LEXIS 597
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureDeath PenaltyIneffective Assistance of CounselSentencingMurder & MayhemMotion for New TrialReversalRemandSpecial ConcurrenceTales From the Crypt
Case Summary

Johnnie Worsley was convicted of murdering his wife and seventeen-year-old stepdaughter and of raping his stepdaughter. Nearly fourteen years later, the trial court granted a new sentencing trial, finding that his lawyers had provided ineffective assistance during the penalty phase. The Georgia Supreme Court reversed. It held that counsel were not ineffective for failing to call family members as mitigation witnesses because the record supported reasonable strategic concerns about their testimony, including contradictions with the defense expert, possible damaging cross-examination, and the witnesses’ limited specificity. The court assumed that counsel performed unreasonably by failing to object when relatives recommended a death sentence during victim-impact testimony, but held that Worsley could not show prejudice. The statements were brief, the case for death was strong, and the testimony was only a small portion of the victim-impact evidence. The court therefore reversed the order granting a new sentencing trial and reinstated the two death sentences. The convictions and the guilt phase were not reopened. Chief Justice Hunstein concurred in judgment only on the victim-impact issue.

Opinion

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