Cannon v. GeorgiaAnnotate this Case
A grand jury indicted appellant Juan Cannon for crimes relating to victim Terrence Wiggins being stabbed in the neck because appellant believed Wiggins owed him money. The record showed the stabbing took place in a DeKalb County restaurant. Anthony Daniels, who was closing up the restaurant, witnessed the stabbing. Shaquanna Fields, who was sitting inside the restaurant, was also alleged to have witnessed the events of that night. Immediately after being stabbed, the victim ran away from appellant and ran towards a police officer who was conducting a traffic stop across the street from the restaurant. Wiggins ran from the restaurant, and flagged down a police officer. The officer asked Wiggins who stabbed him, but Wiggins was running out of breath and was unable to answer. Wiggins eventually died from the injury he sustained to his neck. Appellant represented himself for the first day and a half of trial. On the second day of trial, during his cross-examination of Daniels, who was the fourth witness for the State, appellant decided he wanted to be represented by the public defender who had been standing by to represent him if requested. Trial counsel took over the cross-examination of Daniels and continued to represent appellant for the remainder of the trial. After he was convicted, appellant argued: (1) the evidence presented at trial was insufficient to sustain his convictions; (2) he received ineffective assistance of trial counsel; (3) the trial court erred by not giving a requested jury charge on impeachment by prior conviction (pertaining to Daniels’ testimony); and (4) the trial court abused its discretion when it gave the “Allen” charge after a juror stated his unwillingness to continue listening and discussing the case with the other jurors. The Georgia Supreme Court found no reversible error and affirmed appellant’s convictions.