Supreme Court of Georgia
Cato v. the State.
October 9, 2018820 S.E.2d 41
Summary
The court affirmed Cato's convictions for felony murder and possession of a firearm during the commission of a felony. It held that any error in instructing the jury on aggravated assault was harmless because the indictment, other instructions, the charges, and the evidence made clear that the felony murder predicate required shooting Smith. It also held that counsel's decision not to call Cato's father as an alibi witness was a reasonable strategic choice and therefore did not constitute deficient performance.