Swanson v. Georgia

A jury found Sean Swanson guilty of felony murder, and of the predicate felony of sale of marijuana, in the shooting death of Noel Reed. On appeal, Swanson argued his trial counsel was ineffective for failing to request a jury charge on use of force in defense of habitation and for withdrawing a request to charge the jury on voluntary manslaughter. Based on the facts and circumstances of this case, the Georgia Supreme Court concluded Swanson’s trial counsel indeed rendered constitutionally ineffective assistance by failing to request a jury charge on use of force in defense of habitation and therefore reversed Swanson’s felony murder conviction. View "Swanson v. Georgia" on Justia Law