Turpin v. Curtis, 606 S.E.2d 244 (Ga. 2004). · Go Syfert
Turpin v. Curtis, 606 S.E.2d 244 (Ga. 2004). Cases Citing This Book View Copy Cite
108 citation events (108 in the last 25 years) across 3 distinct courts.
Strongest positive: Wesley Romine v. State (gactapp, 2026-03-04)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Wesley Romine v. State
Ga. Ct. App. · 2026 · confidence medium
Moreover, the Cronic exception requires an “‘attorney’s failure [to] be complete’ and must occur throughout the proceeding and not merely at specific points.” Charleston, 292 Ga. at 682 -683 (quoting Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004)).
examined Cited as authority (rule) Isaac v. State (14×) also: Cited "see"
Ga. · 2024 · confidence medium
Isaac argues that we should presume counsel’s refusal to let him testify prejudiced him because that refusal amounted to a “constructive denial of counsel,” see Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004), and that even if we do not presume prejudice, Isaac has met his burden of showing prejudice under Strickland.
discussed Cited as authority (rule) Wainwright v. State
Ga. · 2019 · confidence medium
Moreover, the Cronic exception requires an “‘attorney’s failure [to] be complete’ and must occur throughout the proceeding and not merely at specific points.” Charleston, 292 Ga. at 682 -683 (quoting Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004)).
discussed Cited as authority (rule) Sullivan v. State
Ga. · 2017 · confidence medium
Indeed, as we have previously explained, in order for Cronic to apply, “[t]he ‘attorney’s failure must be complete’ and must occur throughout the proceeding and not merely at specific points.” (Citation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Burrell v. State
Ga. · 2017 · confidence medium
In order for Cronic to apply, “[t]he ‘attorney’s failure must be complete’ and must occur throughout the proceeding and not merely at specific points.” (Citation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Sullivan v. State
Ga. · 2017 · confidence medium
Indeed, as we have previously explained, in order for Cronic to apply, “[t]he ‘attorney’s failure must be complete’ and must occur throughout the proceeding and not merely at specific points.” (Citation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Burrell v. State
Ga. · 2017 · confidence medium
In order for Cronic to apply, “[t]he ‘attorney’s failure must be complete’ and must occur throughout the proceeding and not merely at specific points.” (Citation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
cited Cited as authority (rule) McDuffie v. State
Ga. · 2015 · confidence medium
See Manriquez, 285 Ga. at 881 ; Turpin v. Curtis, 278 Ga. 698, 700 ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Tepanca v. State
Ga. · 2015 · confidence medium
However, for the Cronic “constructive denial of counsel” exception to apply, the “attorney’s failure must be complete and must occur throughout the proceeding and not merely at specific points.” Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004). [Tepanca’s] assertion that his [appellate counsel abandoned him at the motion for new trial stage] does not *51 meet this stringent standard.
discussed Cited as authority (rule) Tepanca v. State
Ga. · 2015 · confidence medium
However, for the Cronic “constructive denial of counsel” exception to apply, the “attorney's failure must be complete and must occur throughout the proceeding and not merely at specific points.” Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004). [Tepanca’s] assertion that his [appellate counsel abandoned him at the motion for new trial stage] does not meet this stringent standard.
discussed Cited as authority (rule) Dulcio v. State (2×) also: Cited "see"
Ga. · 2013 · confidence medium
The attorney’s failure must be complete and must occur throughout the proceeding and not merely at specific points.” (Citations and punctuation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Charleston v. State
Ga. · 2013 · confidence medium
Likewise, this Court has explained that for the Cronic “constructive denial of counsel” exception to apply, the “ ‘attorney’s failure must be complete’ and must occur throughout the proceeding and not merely at specific points.” Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004) (quoting Bell, 535 U. S. at 697 ).
discussed Cited as authority (rule) Whitaker v. State
Ga. · 2012 · confidence medium
However, “ ‘this Courtis not required to address... “both components if the defendant has made an insufficient showing on one.” (Cit.)’ [Cit.]” Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Wade v. State
Ga. Ct. App. · 2012 · confidence medium
See Hardeman, 281 Ga. at 222 (constructive denial of counsel is one of a narrow range of circumstances in which the prejudice component of a claim of ineffective assistance of counsel can *671 be presumed); Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004) (same). “[A] constructive denial is not present unless counsel entirely fails to subject the prosecution’s case to meaningful adversarial testing.
cited Cited as authority (rule) Walker v. Hagins
Ga. · 2012 · confidence medium
(Cit.)” [Cit.] Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
examined Cited as authority (rule) Johnson v. State (3×) also: Cited "see, e.g."
Ga. · 2012 · confidence medium
Turpin v. Curtis, 278 Ga. 698, 700 ( 606 SE2d 244 ) (2004).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2011 · confidence medium
Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
cited Cited as authority (rule) Norris v. State
Ga. · 2011 · confidence medium
Turpin v. Curtis, 278 Ga. 698, 699-700 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Cuvas v. State
Ga. Ct. App. · 2010 · confidence medium
In order for the presumption of prejudice to arise, “[t]he attorney’s failure must be complete and must occur throughout the proceeding and not merely at specific points.” (Citation and punctuation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
examined Cited as authority (rule) Pyburn v. State (3×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
As previously noted, "[m]ere speculation will not support a claim of ineffective assistance of counsel." Banta v. State, 282 Ga. 392, 399 (6)(e), 651 S.E.2d 21 (2007). [5] (Emphasis supplied.) [6] 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [7] Id. at 692 (III)(B), 104 S.Ct. 2052 . [8] 283 Ga. 345 , 658 S.E.2d 116 (2008). [9] Id. at 349 (2), 658 S.E.2d 116 (citations and punctuation omitted). [10] United States v. Cronic, 466 U.S. 648, 659 (III), 104 S.Ct. 2039 , 80 L.Ed.2d 657 (1984); Turpin v. Curtis, 278 Ga. 698, 699 (1), 606 S.E.2d 244 (2004); State v. Heath, 277 Ga. 337, 338-33…
discussed Cited as authority (rule) Mathis v. State
Ga. Ct. App. · 2009 · confidence medium
As we held in Division 1 (b), Fortie’s failure to demonstrate that he raised these arguments before the trial court precludes our review thereof. 34 (Citation and punctuation omitted.) Wallace v. State, 267 Ga. App. 801, 804-805 (2) ( 600 SE2d 808 ) (2004). 35 (Punctuation omitted.) Rivers, 283 Ga. at 4 (2). 36 Id. 37 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 38 (Citation and footnotes omitted.) Crane v. State, 294 Ga. App. 321, 323 (1) ( 670 SE2d 123 ) (2008). 39 466 U. S. 648 (104 SC 2039, 80 LE2d 657) (1984). 40 Id. at 659-660 . 41 (Citations and punctuation omitted.) Turpin v. Cur…
discussed Cited as authority (rule) Crane v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Johnson, B J., concur. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Espinosa v. State, 285 Ga. App. 69, 72 (2) ( 645 SE2d 529 ) (2007) (footnote omitted). 3 Id. 4 See Riggins v. State, 279 Ga. 407, 409 (2) ( 614 SE2d 70 ) (2005). 5 Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004) (citations and punctuation omitted); see Strickland, supra at 692 (III) (B) (“Actual or constructive denial of the assistance of counsel altogether is legally presumed to result in prejudice.”); United States v. Cronic, 466 U. S. 648, 659-660 (104 SC 2039, 80 LE2d 657) (1984) (recogni…
discussed Cited as authority (rule) Fleming v. State
Ga. Ct. App. · 2008 · confidence medium
Id. at 93 (1). 11 Stuart v. State, 274 Ga. App. 120, 121 ( 616 SE2d 855 ) (2005). 12 Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004); Glidewell v. State, 279 Ga. App. 114, 121 (7) ( 630 SE2d 621 ) (2006). 13 See, e.g., Gordillo v. State, 255 Ga. App. 73, 75 (3) ( 564 SE2d 486 ) (2002); Smalls v. State, 242 Ga. App. 39, 40 (1) ( 528 SE2d 560 ) (2000). 14 See Fleming v. State, 276 Ga. App. at 492-494 (1). 15 (Citation omitted.) Bass v. State, 287 Ga. App. 600 ( 653 SE2d 749 ) (2007). 16 See Hogan v. State, 261 Ga. App. 261, 262 (2) ( 582 SE2d 210 ) (2003) (noting that there can be…
discussed Cited as authority (rule) Burnette v. State
Ga. Ct. App. · 2008 · confidence medium
See also In the Interest of S. B., 287 Ga. App. 203, 210 (1) (b) ( 651 SE2d 140 ) (2007) (in termination of parental rights case, trial counsel not ineffective where she attempted several times to contact the mother, who had moved and disconnected her telephone; mother bore some responsibility for failure to present certain information to court). 19 See Tolbert v. State, 282 Ga. 254, 257 (3) ( 647 SE2d 555 ) (2007); Branan v. State, 285 Ga. App. 717, 721 (4) ( 647 SE2d 606 ) (2007). 20 (Emphasis supplied.) 21 (Citation and punctuation omitted.) Stokes v. State, 281 Ga. 825, 835 (8) (h) ( 642 S…
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2 Conaway v. State, 277 Ga. 422, 424 (2) ( 589 SE2d 108 ) (2003). 3 Suggs v. State, 272 Ga. 85, 88 (4) ( 526 SE2d 347 ) (2000) (footnote omitted). 4 Turpin v. Curtis, 278 Ga. 698, 700 (1) ( 606 SE2d 244 ) (2004) (citations omitted). 5 See id.; Sims v. State, 278 Ga. 587, 592 (3) (d) ( 604 SE2d 799 ) (2004); Stroud v. State, 284 Ga. App. 604, 614 (3) (d) ( 644 SE2d 467 ) (2007). 6 Robinson v. State, 278 Ga. 31, 35 (3) (b) ( 597 SE2d 386 ) (2004). 7 1 F3d 159 (3d Cir. 1993). 8 Id. at 166-167 . 9 Thompson v…
examined Cited as authority (rule) Greer v. Thompson (4×)
Ga. · 2006 · confidence medium
(Cit.)’ (Cit.)” [Cit.] Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Murrell v. Ricks (2×)
Ga. · 2006 · confidence medium
(Punctuation omitted.) Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited as authority (rule) Young v. State
Ga. · 2005 · confidence medium
And such circumstances are not present; this is not a case in which “counsel entirely fails to subject the prosecution’s case to meaningful adversarial testing.” Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
cited Cited as authority (rule) McDaniel v. THE STATE
Ga. · 2005 · confidence medium
Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004). (c) The failure to hire a defense expert to challenge the victim’s cause of death is cited as an instance of deficient performance.
discussed Cited "see" Sprayberry v. Morris
Ga. · 2025 · signal: see · confidence high
See Cartwright v. Caldwell, 305 Ga. 371, 378 (2019) (“To determine prejudice involving a claim that appellate counsel provided ineffective assistance by failing to properly raise or prove a claim of ineffective assistance of trial counsel, the petitioner must demonstrate that the underlying ineffectiveness-of-trial-counsel claim would have had a of counsel, (2) government interference with defense counsel, and (3) counsel [who] labors under an actual conflict of interest that adversely affects his performance.” Turpin v. Curtis, 278 Ga. 698, 699 (2004) (alteration in original).
discussed Cited "see" Lloyd v. State (2×)
Ga. · 2006 · signal: see · confidence high
See Turpin v. Curtis, 278 Ga. 698, 699 (1) ( 606 SE2d 244 ) (2004).
discussed Cited "see" Nixon v. State (2×)
Ga. · 2005 · signal: see · confidence high
See Turpin v. Curtis, 278 Ga. 698, 700 (1) ( 606 SE2d 244 ) (2004). (b) Nixon contends counsel was ineffective for failing to introduce testimony by Nixon’s wife about a vague threat the victim had conveyed to her against Nixon in the event Nixon continued to make insulting comments about Ms. Nixon.
discussed Cited "see, e.g." Roberts v. State (2×)
Ga. · 2019 · signal: see also · confidence low
See also Turpin v. Curtis , 278 Ga. 698 , 699, 606 S.E.2d 244 (2004).
discussed Cited "see, e.g." Roberts v. State (2×)
Ga. · 2019 · signal: see also · confidence medium
See also Turpin v. Curtis, 278 Ga. 698, 699 ( 606 SE2d 244 ) (2004).
Retrieving the full opinion text from the archive…
Turpin
v.
Curtis
S04A1517.
Supreme Court of Georgia.
Nov 22, 2004.
606 S.E.2d 244
2004 Ga. LEXIS 1037
Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellant., Page A. Pate, for appellee.
Carley, Benham.
Cited by 38 opinions  |  Published
Pinpoint authority: bottom 50%
Carley, Justice.

A jury found Barabbas Curtis, who testified in his own defense, guilty of three counts of possession of cocaine with intent to distribute. The trial court entered judgments of conviction, and the Court of Appeals affirmed in an unreported decision. Curtis v. State, 228 Ga. App. XXVII (1997). Curtis subsequently filed a petition for writ of habeas corpus. The habeas court granted relief based on Curtis’ testimony that his trial attorney failed to advise him of his constitutional right not to testify at trial. The habeas court concluded as follows:

While [P] etitioner presented no evidence that the outcome of his trial would have been different had he been so informed of his right not to testify, the lack of proper advice in this case is so ineffective that “a particularized inquiry into prejudice would be unguided speculation.” Ross v. Kemp, 260 Ga. 312, 315 [(393 SE2d 244)] (1990). The Court finds that [Petitioner was denied effective assistance of counsel in this regard.

The Warden appeals pursuant to OCGA § 9-14-52 (c).

[*699] 1. To prevail on a claim of ineffective assistance of counsel, a habeas petitioner must show both that his trial attorney’s performance was deficient and that the deficient performance was prejudicial to his defense. Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Walker v. Houston, 277 Ga. 470 (1) (588 SE2d 715) (2003). “In reviewing the habeas court’s order, this Court is not required to address the two elements in any particular order ‘or even to address both components if the defendant has made an insufficient showing on one.’ [Cit.]” Walker v. Houston, supra. We must affirm the habeas court’s determination of this claim unless “its ‘factual findings are clearly erroneous or are legally insufficient to show ineffective assistance of counsel. (Cit.)’ [Cit.]” Walker v. Houston, supra.

In evaluating the prejudice component of a claim of ineffective assistance, we apply a presumption of its existence “in only a narrow range of circumstances. . . .” State v. Heath, 277 Ga. 337 (588 SE2d 738) (2003). See also Owens v. State, 269 Ga. 887, 888 (2) (a) (506 SE2d 860) (1998) (“The circumstances under which a court will presume prejudice are extremely limited.”). After Strickland, we have identified only three instances in which the defendant would be authorized to rely upon a presumption to meet his burden of establishing prejudice: “(1) an actual or constructive denial of counsel, (2) government interference with defense counsel, and (3) counsel [who] labors under an actual conflict of interest that adversely affects his performance. [Cit.]” State v. Heath, supra at 338. Only the first of these circumstances could possibly be applicable here. However, there was no actual denial of counsel, and a constructive denial is not present unless “ ‘counsel entirely fails to subject the prosecution’s case to meaningful adversarial testing.’ . . . [Cit.]” State v. Heath, supra (following United States v. Cronic, 466 U. S. 648, 659 (104 SC 2039, 80 LE2d 657) (1984)). The “attorney’s failure must be complete” and must occur throughout the proceeding and not merely at specific points. Bell v. Cone, 535 U. S. 685, 697 (II) (122 SC 1843, 152 LE2d 914) (2002).

Ross v. Kemp, supra at 315, met this strenuous test, even though it was decided long before Bell and relied on an Eleventh Circuit decision which preceded both Strickland and Cronic. Ross was a particularly egregious case in which this Court presumed prejudice based on the presentation of mutually exclusive defenses by two attorneys and the placement of the defendant on the stand with no preparation whatsoever. Owens v. State, supra at 888 (2) (a), fn. 4. See also Cochran v. State, 262 Ga. 106, 108 (2) (b) (414 SE2d 211) (1992) (“total failure of trial preparation”); Ross v. State, 231 Ga. App. 793, 800 (13) (499 SE2d 642) (1998) (same); Watkins v. State, 206 Ga. App.[*700] 575 (2) (426 SE2d 26) (1992) (same); Hand v. State, 205 Ga. App. 467, 470 (2) (422 SE2d 316) (1992) (same).

However, Georgia appellate courts have consistently required that, where a defendant alleges that counsel rendered ineffective assistance by preventing him from testifying, he must show that this action actually prejudiced his defense such that, had he testified, there is a reasonable probability that the result of the proceeding would have been different. Chambers v. State, 266 Ga. 39, 42 (3), fn. 8 (463 SE2d 887) (1995); Perkins v. State, 260 Ga. 292, 294 (2) (b) (392 SE2d 872) (1990); Rogers v. State, 265 Ga. App. 628, 631 (2) (595 SE2d 326) (2004); Kinney v. State, 234 Ga. App. 733, 738 (7) (d) (506 SE2d 441) (1998). Georgia law in this regard is consistent with the overwhelming weight of federal and state authority. Ouber v. Guarino, 293 F3d 19, 32-33 (III) (B) (1st Cir. 2002); United States v. Tavares, 100 F3d 995, 998 (II) (D.C. Cir. 1996); State v. Bey, 736 A2d 469, 489 (III) (A) (N.J. 1999); State v. Robinson, 982 P2d 590, 599 (III) (B) (Wash. 1999) (En Banc); State v. Arguelles, 921 P2d 439, 442 (Utah 1996); State v. Flynn, 527 NW2d 343, 351-352 (5) (B) (Wis. Ct. App. 1994); 3 LaFave, Israel & King, Criminal Procedure, § 11.6 (c), p. 612 (2ded. 1999). Appellate courts also have required a showing of actual, rather than presumed, prejudice in the less common situation where, as here, the defendant alleges that his trial attorney did not advise him of his right to remain silent at trial. Sexton v. French, 163 F3d 874, 883 (III) (4th Cir. 1998); Brown v. State, 533 SE2d 308, 310 (B) (S.C. 2000). A contrary holding would be an improper expansion of the extremely narrow circumstances in which a presumption of prejudice is appropriate, especially since, in many cases, the defendant’s testimony has a positive influence or no impact on the result of his trial. See State v. Robinson, supra; United States v. Tavares, supra.

Therefore, “the habeas court relied on an erroneous legal standard for determining prejudice.” Walker v. Houston, supra at 472 (1). Curtis was required to show at least what his trial testimony actually was, just as a defendant who alleges that counsel prevented him from testifying must “show what his testimony would have been.” Kinney v. State, supra at 738 (7) (d). The trial transcript is not in the record and, as the habeas court correctly found, Curtis “presented no evidence that the outcome of his trial would have been different had he been ... informed of his right not to testify.” Therefore, on the record before the habeas court, it is “impossible to determine if the outcome of the trial was affected. [Cit.]” Kinney v. State, supra. Thus, a remand to consider the prejudice prong of Strickland is unnecessary and inappropriate. Compare State v. Heath, supra at 339. The record contains no evidence to support the prejudice component, so Curtis’ ineffective assistance claim must fail as a matter of law. Walker v. Houston, supra.

[*701] Decided November 22, 2004. Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellant. Page A. Pate, for appellee.

2. Because there was no showing of any prejudice, we need not determine whether Curtis otherwise made a sufficient showing that his attorney failed to advise him of his right not to testify and that such failure constituted an act of deficient performance. Walker v. Houston, supra at 472 (2).

Judgment reversed.

All the Justices concur, except Benham, J., not participating.