This petition arises from a criminal trial where Terrence was convicted of felony murder, despite having acted in lawful self-defense. The failure of trial counsel to present a self-defense case or protect Terrence’s constitutional rights, combined with prejudicial trial conditions, resulted in a conviction that is both factually and legally unjust.
Terrence was indicted and tried by a jury for malice murder and felony murder. He was acquitted of malice murder, but convicted of felony murder.
The conviction stemmed from an incident in which Terrence was approached and threatened outside a nightclub by a known violent individual, accompanied by multiple others. Terrence did not provoke the confrontation, did not escalate it, and attempted to disengage. Fearing for the safety of himself and others, and in accordance with Georgia law on self-defense (O.C.G.A. § 16-3-21), he used force to protect himself.

Trial counsel, however, failed to present any self-defense claim. No pretrial motion for immunity under O.C.G.A. § 16-3-24.2 was filed, and no defense witnesses were called. Terrence did not testify, depriving the jury of his first-hand account. The trial occurred in a highly biased venue, where community protests, gang threats, and public hostility toward Terrence were well documented.

Trial counsel’s performance fell far below the standard required under Strickland v. Washington, 466 U.S. 668 (1984), and Georgia law. Counsel failed to:

File a motion for immunity under O.C.G.A. § 16-3-24.2, which could have resulted in pretrial dismissal;
Call key eyewitnesses and character witnesses who could attest to Terrence’s peaceful nature and actions during the incident;                                         
Challenge a jury pool that was drawn from a community rife with public hostility, threats, and intimidation;
Object to inadmissible hearsay and speculative testimony from individuals who were not present;
Advise Terrence effectively on the consequences of waiving his right to testify.
These deficiencies were prejudicial. There is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. In Georgia, failure to present a justification defense where facts support it is grounds for habeas relief.

Terrence’s right to a fair and impartial trial was violated. The trial took place in a community where:

The incident sparked ongoing protests against Terrence;
Gang threats were made against Terrence and his family;
Jurors were likely influenced by pretrial publicity and fear of retaliation.

The trial judge initially assigned to the case recused himself, likely because of community pressure and a potential appearance of impropriety. Despite this, no venue change was granted.
The court allowed the prosecution to call Terrence’s family members against him, while excluding or failing to consider supportive testimony from other family members and eyewitnesses.

The totality of these circumstances violated Terrence’s due process rights, as established in Sheppard v. Maxwell, 384 U.S. 333 (1966), and require relief.

Under Georgia law, the use of force is justified and lawful when used to prevent death or great bodily injury. The evidence—both at the scene and from early police reports—showed Terrence was not the aggressor and acted out of reasonable fear.
Even the State conceded that the deceased was the aggressor, yet proceeded to charge and convict Terrence for felony murder.
The doctrine of justification is a complete defense to all charges, and when raised, the burden shifts to the State to disprove it beyond a reasonable doubt. Terrence was denied the opportunity to raise this defense due to counsel’s inaction. The felony murder conviction is therefore legally unsustainable and constitutionally defective.

Therefore, the Court should grant a Writ of Habeas Corpus, vacate Terrence’s conviction and sentence, and either order a new trial with proper legal protections or, in the alternative, dismiss the charges with prejudice.

We extend our deepest gratitude to the more than 7,000 supporters who signed the petition in support of Terrence’s fight for justice. Your voices are not only heard—they are powerful. Each signature represents a stand against injustice, a belief in self-defense rights, and a demand for a fair legal system. Your collective support brings hope to Terrence and his family during this difficult journey, and it strengthens the movement to correct a conviction that should have never happened. Thank you for standing with us.