Cato v. Georgia

Darron Cato appealed his convictions for felony murder and a firearm offense stemming from the death of T’Shanerka Smith. Cato argues the trial court committed plain error when it instructed the jury on the commission of aggravated assault, the predicate offense for the felony murder charge, in a manner not charged in the indictment. Cato also argued his trial counsel provided ineffective assistance by failing to present a complete alibi defense. Because any error in the aggravated assault instruction was harmless, and because Cato could not show that trial counsel’s failure to call Cato’s father as an alibi witness was constitutionally deficient performance, the Georgia Supreme Court affirmed his convictions. View "Cato v. Georgia" on Justia Law