meritless claim in Georgia

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See also OCGA § 17-8-22 (“All applications for continuances are addressed to the sound legal discretion of the court. . . .”); Loyd v. State, 288 Ga. 481, 487 (3) (705 SE2d 616) (2011) (concluding in a death penalty case that the trial court had not abused its discretion in denying the defendant’s motion for a continuance where counsel allegedly “had insufficient time to prepare for trial”).

2023See also OCGA § 17-8-22 (“All applications for continuances are addressed to the sound legal discretion of the court. . . .”); Loyd v. State, 288 Ga. 481, 487 (3) (705 SE2d 616) (2011) (concluding in a death penalty case that the trial court had not abused its discretion in denying the defendant’s motion for a continuance where counsel allegedly “had insufficient time to prepare for trial”).

2023“The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for 9 determining the sufficiency of the evidence to support a conviction.” Monroe v. State, 315 Ga. 767, 768 (1) ( 884 SE2d 906 ) (2023) (citation and punctuation omitted).

2023“The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction.” Monroe v. State, 315 Ga. 767, 768 (1) (884 SE2d 906) (2023) (citation and punctuation omitted).

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See Charles v. State, 315 Ga. 651, 651, 654-55 (2) (884 SE2d 363) (2023) (affirming convictions where defendant asserted that the evidence was constitutionally insufficient but failed to articulate “why he contend[ed] that the trial 8 evidence was insufficient to support his convictions, much less formulated an argument showing that the trial evidence failed to prove an essential element of any crime charged beyond a reasonable doubt”); Davis v. State, 312 Ga. 870, 871, 873 (1) n.2 (866 SE2d 390) (2021) (affirming a defendant’s convictions where defendant’s only argument was a meritless claim

2023See Head v. Ferrell, 274 Ga. 399, 410 (V) (C) (5) (554 SE2d 155) (2001) (holding that appellate counsel do not perform deficiently by failing to argue a meritless claim).

2023See Head v. Ferrell, 274 Ga. 399, 410 (V) (C) (5) (554 SE2d 155) (2001) (holding that appellate counsel do not perform deficiently by failing to argue a meritless claim).

2021See Gramiak, 304 Ga. at 513 (I); Wesley v. State, 286 Ga. 355, 356 (3) (689 SE2d 280) (2010) (ineffectiveness cannot be premised on the failure to assert a meritless claim).

2021See Gramiak, 304 Ga. at 513 (I); Wesley v. State, 286 Ga. 355 , 356 34 (3) ( 689 SE2d 280 ) (2010) (ineffectiveness cannot be premised on the failure to assert a meritless claim).

2021See, e.g., Sims v. State, 281 Ga. 541, 543 (2) ( 640 SE2d 260 ) (2007) (“[s]ince the 15 testimony was admissible, an objection to it would have been without merit, and failure to make a meritless objection does not constitute ineffective assistance of counsel”). (b) Sanchious contends that counsel should have objected to the admission of Turpin’s testimony about Dr. Wortham’s report on hearsay grounds.

2021See, e.g., Sims v. State, 281 Ga. 541, 543 (2) ( 640 SE2d 260 ) (2007) (“[s]ince the 15 testimony was admissible, an objection to it would have been without merit, and failure to make a meritless objection does not constitute ineffective assistance of counsel”). (b) Sanchious contends that counsel should have objected to the admission of Turpin’s testimony about Dr. Wortham’s report on hearsay grounds.

2021See Gramiak, 304 Ga. at 513 (I); Wesley v. State, 286 Ga. 355, 356 (3) (689 SE2d 280) (2010) (ineffectiveness cannot be premised on the failure to assert a meritless claim).

2021See Gramiak, 304 Ga. at 513 (I); Wesley v. State, 286 Ga. 355, 356 (3) (689 SE2d 280) (2010) (ineffectiveness cannot be premised on the failure to assert a meritless claim).

2020Cf. McElrath v. State, ___ Ga. ___, Case No. S19A1361, 2020 WL 967013 , at *3 (1) (b) (decided Feb. 28, 2020) (holding that the jury was authorized to find the defendant not guilty of malice murder by reason of insanity when there was evidence that, at the time he stabbed his mother, he suffered from a specific multifaceted delusion that she was poisoning him and that he was in imminent danger of death at the time he attacked her). 95 See Varner v. State, 306 Ga. 726, 733 (3) (a) ( 832 SE2d 792 ) (2019) (holding that counsel was not ineffective for failing to raise meritless arguments that wou

2020Given the foregoing testimony, Serdula has presented no evidence that he had a viable delusional-compulsion defense.94 Thus, trial counsel was not deficient in presenting such a meritless defense, and Serdula cannot show that he was prejudiced by his counsel’s failure to do so because it would not have been successful.95 94 See Alvelo, 290 Ga. at 612-13 (3) (holding that a jury rationally rejected an insanity defense when, although the defendant had a history of repeated hospitalizations in mental health facilities, was psychotic, and suffered from paranoid schizophrenia, a forensic psychologi

2020Given the foregoing testimony, Serdula has presented no evidence that he had a viable delusional-compulsion defense.94 Thus, trial counsel was not deficient in presenting such a meritless defense, and Serdula cannot show that he was prejudiced by his counsel’s failure to do so because it would not have been successful.95 94 See Alvelo, 290 Ga. at 612-13 (3) (holding that a jury rationally rejected an insanity defense when, although the defendant had a history of repeated hospitalizations in mental health facilities, was psychotic, and suffered from paranoid schizophrenia, a forensic psychologi

2020Given the foregoing testimony, Serdula has presented no evidence that he had a viable delusional-compulsion defense.94 Thus, trial counsel was not deficient in presenting such a meritless defense, and Serdula cannot show that he was prejudiced by his counsel’s failure to do so because it would not have been successful.95 94 See Alvelo, 290 Ga. at 612-13 (3) (holding that a jury rationally rejected an insanity defense when, although the defendant had a history of repeated hospitalizations in mental health facilities, was psychotic, and suffered from paranoid schizophrenia, a forensic psychologi

2020Given the foregoing testimony, Serdula has presented no evidence that he had a viable delusional-compulsion defense.94 Thus, trial counsel was not deficient in presenting such a meritless defense, and Serdula cannot show that he was prejudiced by his counsel’s failure to do so because it would not have been successful.95 94 See Alvelo, 290 Ga. at 612-13 (3) (holding that a jury rationally rejected an insanity defense when, although the defendant had a history of repeated hospitalizations in mental health facilities, was psychotic, and suffered from paranoid schizophrenia, a forensic psychologi

2020Cf. McElrath v. State, ___ Ga. ___, Case No. S19A1361, 2020 WL 967013 , at *3 (1) (b) (decided Feb. 28, 2020) (holding that the jury was authorized to find the defendant not guilty of malice murder by reason of insanity when there was evidence that, at the time he stabbed his mother, he suffered from a specific multifaceted delusion that she was poisoning him and that he was in imminent danger of death at the time he attacked her). 95 See Varner v. State, 306 Ga. 726, 733 (3) (a) ( 832 SE2d 792 ) (2019) (holding that counsel was not ineffective for failing to raise meritless arguments that wou

2020Cf. McElrath v. State, ___ Ga. ___, Case No. S19A1361, 2020 WL 967013 , at *3 (1) (b) (decided Feb. 28, 2020) (holding that the jury was authorized to find the defendant not guilty of malice murder by reason of insanity when there was evidence that, at the time he stabbed his mother, he suffered from a specific multifaceted delusion that she was poisoning him and that he was in imminent danger of death at the time he attacked her). 95 See Varner v. State, 306 Ga. 726, 733 (3) (a) ( 832 SE2d 792 ) (2019) (holding that counsel was not ineffective for failing to raise meritless arguments that wou

2010See Martin v. State, 281 Ga. 778, 781 (3) (a) ( 642 SE2d 837 ) (2007). (c) Because the arrest discussed above was not unlawful, Deve-ga’s claim that the seizure of his car from the base was the fruit of an illegal arrest is without merit.

2010See Martin v. State, 281 Ga. 778, 781 (3) (a) ( 642 SE2d 837 ) (2007). (c) Because the arrest discussed above was not unlawful, Deve-ga’s claim that the seizure of his car from the base was the fruit of an illegal arrest is without merit.

2005Kemp v. State, 257 Ga. App. 340, 341 (2) ( 571 SE2d 412 ) (2002). 2.

2005Kemp v. State, 257 Ga. App. 340, 341 (2) ( 571 SE2d 412 ) (2002). 2.

2001See Thrasher v. State, 265 Ga. 401, 402-403 (3) ( 456 SE2d 578 ) (1995); White v. State, 253 Ga. 106, 109-110 (3) ( 317 SE2d 196 ) (1984). (5) Ferrell’s appellate lawyer did not render ineffective assistance by failing to argue the meritless claim that the trial court denied Ferrell the right to a public trial when it restricted, upon a complaint by the jury, the ingress and egress of spectators at certain times during the trial.

2001See Thrasher v. State, 265 Ga. 401, 402-403 (3) ( 456 SE2d 578 ) (1995); White v. State, 253 Ga. 106, 109-110 (3) ( 317 SE2d 196 ) (1984). (5) Ferrell’s appellate lawyer did not render ineffective assistance by failing to argue the meritless claim that the trial court denied Ferrell the right to a public trial when it restricted, upon a complaint by the jury, the ingress and egress of spectators at certain times during the trial.

2001See Thrasher v. State, 265 Ga. 401, 402-403 (3) ( 456 SE2d 578 ) (1995); White v. State, 253 Ga. 106, 109-110 (3) ( 317 SE2d 196 ) (1984). (5) Ferrell’s appellate lawyer did not render ineffective assistance by failing to argue the meritless claim that the trial court denied Ferrell the right to a public trial when it restricted, upon a complaint by the jury, the ingress and egress of spectators at certain times during the trial.

2001See Thrasher v. State, 265 Ga. 401, 402-403 (3) ( 456 SE2d 578 ) (1995); White v. State, 253 Ga. 106, 109-110 (3) ( 317 SE2d 196 ) (1984). (5) Ferrell’s appellate lawyer did not render ineffective assistance by failing to argue the meritless claim that the trial court denied Ferrell the right to a public trial when it restricted, upon a complaint by the jury, the ingress and egress of spectators at certain times during the trial.

2001See Brown v. State, 261 Ga. 66, 72 (7) ( 401 SE2d 492 ) (1991) (holding that reasonable limitations on courtroom movements do not constitute a barring of the public from proceedings).

2001See Brown v. State, 261 Ga. 66, 72 (7) ( 401 SE2d 492 ) (1991) (holding that reasonable limitations on courtroom movements do not constitute a barring of the public from proceedings).