possible distortions of hindsight analysis (Georgia) · Go Syfert
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possible distortions of hindsight analysis in Georgia

11 Georgia opinions name it 2 courts 1985–1992 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Brogdon v. Stategreen
ga · 1985 · cited in 4 Georgia opinions naming this issue, 1986–1989
2 sentences

1988Thus, “[t]he reasonableness of counsel’s performance is then considered in light of the totality of the circumstances, viewed from counsel’s perspective at the time of trial, thereby eliminating the possible distortions of hindsight analysis. [Cit.] The defendant must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct.” Brogdon at 68.

1987The reasonableness of counsel’s performance is then considered in light of the totality of the circumstances, viewed from counsel’s perspective at the time of trial, thereby eliminating the possible distortions of hindsight analysis. [Cit.] The defendant must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct.” Brogdon v. State, 255 Ga. 64, 68 ( 335 SE2d 383 ) (1985).

44
Thompson v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989As to deficient performance, errors in judgment and tactical errors do not constitute denial of effective assistance of counsel. [Cit.] The evidence in this case supports the trial court’s finding of effective assistance of counsel.” (Indention omitted.) Thompson v. State, 188 Ga. App. 508, 509 ( 373 SE2d 292 ).

1989As to deficient performance, errors in judgment and tactical errors do not constitute denial of effective assistance of counsel. [Cit.] The evidence in this case supports the trial court’s finding of effective assistance of counsel.” (Indention omitted.) Thompson v. State, 188 Ga. App. 508, 509 ( 373 SE2d 292 ).

11
Gabler v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988Regarding the second prong of the test, the defendant must show . . . there is a reasonable probability that the outcome of the proceedings would have been different but for counsel’s unprofessional errors. [Cits.]” Gabler v. State, 177 Ga. App. 3, 5 ( 338 SE2d 469 ) (1985).

1988Regarding the second prong of the test, the defendant must show . . . there is a reasonable probability that the outcome of the proceedings would have been different but for counsel’s unprofessional errors. [Cits.]” Gabler v. State, 177 Ga. App. 3, 5 ( 338 SE2d 469 ) (1985).

11
Ford v. Stategreen
ga · 1985 · cited in 1 Georgia opinions naming this issue, 1986–1986
2 sentences

1986His failure ‘to establish either the performance or the prejudice component results in denial of his Sixth Amendment claim.’ [Cit.]” Ford v. State, 255 Ga. 81, 85 ( 335 SE2d 567 ) (1985).

1986His failure ‘to establish either the performance or the prejudice component results in denial of his Sixth Amendment claim.’ [Cit.]” Ford v. State, 255 Ga. 81, 85 ( 335 SE2d 567 ) (1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Smith v. Francis green
ga · 1985
2 sentences

1988Smith v. Francis, supra, 253 Ga. at 783 .

1985Smith v. Francis, supra, 253 Ga. at 783 .

31985–1988
Pitts v. Glass green
ga · 1974
1 sentence

1992(Cit.)’ [Cit.] As to the first prong, the Supreme Court has approved the ‘reasonably effective assistance’ standard adopted in Pitts v. Glass, 231 Ga. App. 638 ( 203 SE2d 515 ) (1974). ‘Thus “(t)he reasonableness of counsel’s performance is then considered in light of the totality of the circumstances, viewed from counsel’s performance at the time of trial, thereby eliminating the possible distortions of hindsight analysis.

11992–1992
Ray v. State green
gactapp · 1987
2 sentences

1989The defendant must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct.” This was applied in Ray v. State, 183 Ga. App. 57 ( 357 SE2d 877 ) (1987).

1989The defendant must overcome the strong presumption that counsel’s conduct falls within the broad range of reasonable professional conduct.” This was applied in Ray v. State, 183 Ga. App. 57 ( 357 SE2d 877 ) (1987).

11989–1989

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