Georgia Criminal Appellate Law Blog Offering Insight and Commentary on Appellate Law and Criminal Trial Practice

Tag Archives: Ineffective Assistance of Counsel

How We Interview Trial Counsel

Posted in Attorney-Client Relationship

Ineffective counsel claims are probably the least fun part of the job at the state level in Georgia. Unlike the Federal system, where an evidentiary hearing on an IAC claim is often left for habeas proceedings, Georgia IAC must be raised at the first available opportunity, or it is deemed to be waived. This system… Continue Reading

In Memoriam: Strickland v. Washington

Posted in Opinions and Analysis

While working on a brief, we discovered a Georgia Supreme Court case┬áthat I was sorry to have missed when it came out (hat tip to Margaret Flynt). A paradigm shifted in 2010, and I completely missed it. From an optimistic viewpoint, this case shows that almost nothing adds up to ineffective assistance of counsel. To… Continue Reading

SCOTUS Requires Effective Assistance at Plea Bargain Stage: Absurd?

Posted in Opinions and Analysis, Uncategorized

Today, the Supreme Court released two opinions that define standards for defense lawyers during criminal plea bargains. First, in Lafler v. Cooper, No. 10-209, 566 U.S. ___ (2012), recall that Cooper was charged with assault with intent to murder and possession of a firearm. Cooper rejected a plea bargain after his attorney (wrongly) informed him… Continue Reading

New UGA Law Review Article Takes Georgia to Task for the Way We Handle IAC Claims

Posted in Attorney-Client Relationship, Motion for New Trial, News, Opinions and Analysis, Uncategorized

I returned from vacation pleased to find in my in basket at the office a copy of Ryan C. Tuck’s article from the Georgia Law Review on the confusing state of the law as it relates to ineffective assistance of counsel in Georgia. The article is titled “Ineffective-Assistance-of-Counsel Blues: Navigating the Muddy Waters of Georgia… Continue Reading

What to Do if You’re Not the First Lawyer on the Case

Posted in Motion for New Trial, Preservation of Error

Another lawyer contacted me about a case she is working on. She wasn’t the trial counsel. She wasn’t the lawyer on the motion for new trial. In fact, one lawyer handled the trial. A second lawyer handled the motion for new trial. She was hired after the motion for new trial was denied but just… Continue Reading