Cobb v. State

The appellant, Larry Cobb, appeals from his conviction for the murder of Grady Jones.1 On appeal, Cobb contends, among other things, that the trial court erred in ruling against his claim that he received ineffective assistance of trial counsel. For the reasons that follow, we agree that trial counsel provided ineffective assistance in failing to object to improper hearsay testimony, requiring that we reverse Cobb’s convictions. 1. At trial, Terrie Boyd testified that she had a romantic relationship with both Cobb and Jones. Boyd testified that she was a crack addict at the time of the crimes, that Cobb was her drug supplier, and that Cobb and Jones had had prior disputes regarding Boyd, with Cobb threatening to kill Jones on one occasion on August 24, 2003. Boyd also testified that, a week or two after the August 24 incident, Jones came by Cobb’s apartment to pick her up and that Cobb and his brother beat up Jones and told him never to come over again. Boyd added that she did not actually see Cobb and his brother beat Jones, but that she heard it. Boyd also testified that she did not see Jones immediately after the beating and did not, in fact, see him until two days later.

According to Boyd, for three or four days before September 27, 2003, she and Jones had been living at the Suburban Lodge in Dekalb County. During that time, they used crack cocaine extensively. On September 27, they decided to go to Cobb’s apartment to get some more drugs. Boyd testified that, when they got there, Jones remained in the car for fear that Cobb would hurt him, and that Boyd went into Cobb’s apartment. Cobb insisted on using Boyd’s car, and Boyd eventually told him that Jones was in her car. Cobb, who had a black gun, got Boyd’s car keys, and the two of them ran out the door. Boyd testified that Cobb opened the back passenger door of her Jeep; that Jones, who had been lying down, sat up; that Jones had his hands in a surrender position; and that Cobb hit Jones on the head with the gun and then shot him three times. According to Boyd, Jones did not have a weapon. Boyd testified that Cobb fled the scene in a red pick-up truck. The truck was later found abandoned, and Cobb’s fingerprints were located on the truck.