HINES, Justice.
John Dennis Woods appeals his convictions for malice murder, aggravated assault, possession of a firearm during the commission of a felony, and concealing the death of another, all in connection with the death of Travis Sauls.
On October 2, 2009, Woods's brother went hunting on property in Florida belonging to their father, Roy Woods, and discovered suspicious burned items. The brother contacted a friend who was a law enforcement officer in Florida; together, they went to the hunting property and the brother's friend notified local law enforcement personnel. At the property, investigators recovered Saul's body fragments, including his burned torso and portions of his skull.
That same day, Roy Woods met with Woods, who told him that he had killed Sauls in self-defense and taken the body to Florida to dispose of it. At Woods's home, investigators recovered partially burned clothing and a hidden pistol that proved to have fired the bullets that killed Sauls.
1. The evidence authorized the jury to find Woods guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Woods met with investigating law enforcement officers on October 3, 2009, October 5, 2009, and October 7, 2009. At each meeting he was represented by counsel Tomlinson. Before trial, Woods, through new counsel, moved to suppress any evidence gained during those meetings, as well as all products of resulting searches, contending that Tomlinson was ineffective in failing to properly investigate Woods's mental condition and in allowing Woods to make any statements to the investigators. The trial court found no ineffective assistance of counsel under the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under that test, in order to prevail on a claim of ineffective assistance of counsel, Woods must show both that counsel's performance was deficient, and that the deficient performance was prejudicial to his defense.
On October 3, Woods, through Tomlinson, gave a general statement of the facts, including that he shot Sauls because he feared for his life; Woods answered limited questions and postponed any detailed questioning until October 5. On October 5, he told officers that: Sauls was at Woods's home to do some painting and wash and wax Woods's truck; Sauls told Woods that Sauls and Woods's cousin Gross had a disagreement; Sauls was angry at Gross and said he would kill anyone who crossed him; Sauls began circling Woods, moving his hands, and looked "bug eyed"; Woods felt threatened; Woods went inside his home and retrieved a handgun; Woods returned with the pistol hidden in a potato chip bag; Sauls continued to walk around Woods, looking between Woods and the truck; Woods believed Sauls would kill him and take his valuables; Woods shot Sauls in the back; as he did so, Sauls continued to move his hands as if he was attempting to grasp Woods, still with a wild look in his eyes; Woods shot two or three times; Woods never saw a weapon on Sauls's person; Woods covered Sauls's body with a tarp, placed it in a child's plastic pool, and shoveled bloodstained dirt into the pool; Woods placed the pool on a utility trailer, placed four tires over it, covered all of it with another tarp that he secured with bungee cords, and drove his truck and the trailer to his father's hunting property in Florida, arriving about 1:00 p.m.; Woods arranged the pool, body, and tarps, with a tire over them; when it became dark that evening, Woods poured some gasoline on the pile, and lit it; when the tire had burned about halfway, Woods added a second tire, and then a third and fourth as each tire became partly consumed; Woods cleaned up at the cabin on the property, and returned to his residence in Georgia, where he showered and burned his clothes; he cried for "a couple of hours"; Woods returned to the hunting property and placed ashes from the fire in a bucket that he dumped into a ditch; he took a portion of Sauls's torso that had not fully burned, loaded it on a wheeled dolly, took it to another portion of the property, and attempted to cover it with natural debris; Woods took unburned portions of tires and the pool to a nearby trash dump; Woods did not know Sauls to be violent or to own a handgun; and, Woods did not tell anyone about these events until October 2, 2009, when his father confronted him.
At the October 7 meeting, investigators asked for, and received, consent to search Woods's truck, trailer, and residence.
During the hearing on the motion to suppress, Tomlinson testified that: on October 3, 2009, he received a telephone call from Winningham, who was a law enforcement officer as well as a friend of Woods and Woods's father; Winningham told him what had been related to him by Woods and Roy Woods, namely that a body had been found in Florida and Woods had taken the body there; Winningham thought that Woods needed to be taken into custody; Woods intended to turn himself into law enforcement officers; Tomlinson agreed to meet Woods, Roy Woods, and Winningham at the sheriff's office, to which the three other men had already resolved to go; Tomlinson arrived at the sheriff's office before Woods and the others; it was possible that, before Woods and his companions arrived, Tomlinson could have told a law enforcement investigator what he had learned during the telephone call,
The court found as fact that Woods initiated contact with law enforcement officers, intended to turn himself in prior to contacting Tomlinson, and, through another, instructed Tomlinson to meet him at the office of the sheriff. Woods contends this was not so, citing the testimony of Roy Woods to the effect that, on October 3, 2009, Tomlinson directed that Woods go to the sheriff's office and meet him there, and that when the men arrived at the sheriff's office, Roy Woods met Tomlinson outside, told him of Woods's medical history and that Woods had a brain abnormality, learning and developmental disabilities, needed medication, and would not be able to "get this." However, this testimony compared with Tomlinson's presented a conflict in the evidence, resolution of which is for the trial court, and the court's findings are supported by evidence and not clearly erroneous. See Suggs v. State, 272 Ga. 85, 88(4), 526 S.E.2d 347 (2000).
Tomlinson was faced with a client who had decided to turn himself in and had already revealed to a law enforcement officer that he had killed Sauls, claiming self defense, and that he had attempted to conceal the body. Viewing Tomlinson's conduct in the context of his perspective at the time of the interrogations, we cannot conclude that he rendered ineffective assistance in permitting Woods to cooperate in the interrogations and searches. See Bowley v. State, 261 Ga. 278, 281(4), 404 S.E.2d 97 (1991). The fact that present counsel might have pursued a different strategic course does not render Tomlinson's strategy unreasonable. Freeman v. State, 284 Ga. 830, 835(4), 672 S.E.2d 644 (2009).
Nor has ineffective assistance of counsel been shown in counsel's failure to investigate further Woods's mental state before proceeding with the interrogations. Assuming that the facts known to Tomlinson gave a basis for doing so and that his performance was deficient, "it is not enough to show merely that counsel unreasonably failed to inquire into [Woods's] mental state — he must show a [reasonable probability] that such an evaluation would have affected the outcome at trial." Devega v. State, 286 Ga. 448, 450(4)(a), 689 S.E.2d 293 (2010) (Citations and punctuation omitted.) No evidence was presented that Woods was incapable of freely and voluntarily deciding to cooperate with law enforcement officers and waiving his right to remain silent, and there is no showing that further investigation on Tomlinson's part would have resulted in a different decision as to whether to cooperate with the investigation.
The State contends that Woods's failure to submit a written request for the instruction precludes him from asserting error on the failure to give the instruction.
Shepherd v. State, 280 Ga. 245, 252(4), 626 S.E.2d 96 (2006). See also Hayes v. State, 279 Ga. 642, 646(4), 619 S.E.2d 628 (2005) ("[T]he trial court is not required to charge without written request as to any collateral matter. [Cit.])" (Emphasis supplied.)
The court instructed the jury that:
This instruction, as far as it goes, is correct. But the legal concept of justification is a necessary component of the delusional compulsion defense.
Alvelo v. State, 290 Ga. 609, 612(3), 724 S.E.2d 377 (2012) (Emphasis supplied.)
Lawrence v. State, 265 Ga. 310, 313(2), 454 S.E.2d 446 (1995) (Emphasis in original). The delusional compulsion defense is available only when the defendant is "suffering under delusions of an absurd and unfounded nature [and] was compelled by that delusion to act in a manner that would have been lawful and right if the facts had been as the defendant imagined them to be." Id. (Emphasis supplied; footnote omitted.)
Accordingly, the jury could not determine whether Woods was suffering from a delusion that satisfied the legal definition without an understanding of what constituted an act that would have been justified, if the circumstances were as Woods's contended he believed them to be, without being instructed as to what conduct would constitute justification. Absent such an instruction, the jury was not provided "with the proper guidelines for determining guilt or innocence." Shepherd, supra. Accordingly, Woods must be afforded a new trial.
Judgments reversed.
All the Justices concur.