ineffectiveness-of-trial-counsel claim (Georgia) · Go Syfert
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ineffectiveness-of-trial-counsel claim in Georgia

9 Georgia opinions name it 1 courts 2012–2025 3 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 (6)

CaseFollowedCited
Cartwright v. Caldwellgreen
ga · 2019 · cited in 4 Georgia opinions naming this issue, 2019–2025
2 sentences

2025See 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).

2024To show prejudice in this context, Moore must demonstrate that the underlying ineffectiveness-of- trial-counsel claim that he says appellate counsel should have raised “would have had a reasonable probability of success.” Cartwright, 305 Ga. at 378.

44
Gramiak v. Beasleygreen
ga · 2018 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Gramiak v. Beasley , 304 Ga. 512 , 513, 820 S.E.2d 50 (2018).

2019See Gramiak v. Beasley , 304 Ga. 512 , 513, 820 S.E.2d 50 (2018).

22
Rozier v. Caldwellgreen
ga · 2016 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Accord Rozier v. Caldwell , 300 Ga. 30 , 32, 793 S.E.2d 73 (2016).

2019Accord Rozier v. Caldwell , 300 Ga. 30 , 32, 793 S.E.2d 73 (2016).

22
Turpin v. Curtisgreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See 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).

11
Luckie v. Berrygreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020That is, a habeas petitioner “must demonstrate that the underlying ineffectiveness-of-trial-counsel claim would have had a reasonable probability of success.” (Citation and punctuation omitted.) Luckie v. Berry, 305 Ga. 684, 691 (2) ( 827 SE2d 644 ) (2019).

2020That is, a habeas petitioner “must demonstrate that the underlying ineffectiveness-of-trial-counsel claim would have had a reasonable probability of success.” (Citation and punctuation omitted.) Luckie v. Berry, 305 Ga. 684, 691 (2) ( 827 SE2d 644 ) (2019).

11
Collier v. Stategreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Collier v. State, 288 Ga. 756, 758 ( 707 SE2d 102 ) (2011) (holding that an ineffectiveness of trial counsel claim not raised as part of a motion for new trial filed by new appellate counsel is waived on appeal).

2012See Collier v. State, 288 Ga. 756, 758 ( 707 SE2d 102 ) (2011) (holding that an ineffectiveness of trial counsel claim not raised as part of a motion for new trial filed by new appellate counsel is waived on appeal).

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 (1)

CaseCitedYears
Cartwright v. Caldwell green
ga · 2019
2 sentences

2019When a habeas petitioner claims that appellate counsel was professionally deficient in not raising ineffective assistance of trial counsel, to establish prejudice, "the petitioner must demonstrate that the underlying ineffectiveness-of-trial-counsel claim would have had a reasonable probability of success." See *651 Cartwright v. Caldwell , --- Ga. ----, 825 S.E.2d 168 (2019).

2019When a habeas petitioner claims that appellate counsel was professionally deficient in not raising ineffective assistance of trial counsel, to establish prejudice, “the petitioner must demonstrate that the underlying ineffectiveness-of-trial-counsel claim would have had a reasonable probability of success.” See Cartwright v. Caldwell, 305 Ga. 371, 378 ( 825 SE2d 168 ) (2019).

22019–2019

Statutes the citing opinions construe

GA § 24-8-801 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 9 (2012–2025) WA 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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