Georgia v. SimsAnnotate this Case
The State appealed the trial court’s decision to grant appellee Steve Sims, Jr.’s motion for new trial in regard to his convictions and sentences for felony murder and possession of a firearm during the commission of a felony. The State contended the trial court erred when it granted appellee’s
motion for new trial on the ground that trial counsel rendered ineffective assistance when he failed to object to comments made by the State during opening argument referencing appellee’s pre-arrest silence and failure to come forward to police after the shooting. The trial court determined that appellee's trial counsel was deficient for failing to object to the comments and that appellee was prejudiced. Finding no reversible error in the trial court's judgment, the Supreme Court affirmed.