Terrell v. Georgia

Willie Terrell was tried by jury and convicted of murder and related crimes in connection with a shooting that killed Anthony Thomas and Tanisha Johnson and wounded Tanisha’s one-year-old son, K.T. Terrell argued on appeal that the trial court deprived him of his constitutional right to testify. Terrell told the court that his lawyer advised him not to testify but that he (Terrell) “[didn’t] know what to do.” Terrell explained that he wanted to testify but was “too stressed out.” Upon further questioning by the court, Terrell said he was upset that no other witnesses would be called on his behalf, and he again stated: “I wish to testify, just not right at this time. I’m too upset right now. I don’t think it would be fair to me, and the prosecutor have fair shots at me — unfair shots at me.” Terrell asked the court if he could delay testifying until the following morning. The court rejected his request, stating that the jury would be present for another hour and 15 minutes, and that if Terrell wished to testify, he would have to begin that day. When Terrell refused to take the stand, the trial court found that Terrell “chose not to testify, with a complete understanding of his rights.” Finding no error, the Georgia Supreme Court affirmed. View "Terrell v. Georgia" on Justia Law