failure to request instruction in Georgia

2026See Whittaker v. State, 317 Ga. 127, 137 (4)(d) ( 891 SE2d 849 ) (2023).

2026See Whittaker v. State, 317 Ga. 127, 137 (4)(d) ( 891 SE2d 849 ) (2023).

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) (831 SE2d 740) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) ( 831 SE2d 740 ) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) (831 SE2d 740) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) ( 831 SE2d 740 ) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) (831 SE2d 740) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2023See Morton v. State, 306 Ga. 492, 499 (4) (c) ( 831 SE2d 740 ) (2019); Higginbotham, 287 Ga. at 192 (5) (e) (“Since it was not error to fail to give a charge on no duty to retreat . . . trial counsel’s failure to object to the lack of such a charge was not deficient performance.”). (e) Whittaker contends that counsel should have objected to the verdict form.

2019In many cases, motions for new trial have metastasized into all but a retrial of the entire case due to our requirements that ineffectiveness claims be raised in such a motion to avoid waiver, see Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ) (1986); Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ) (1987), and that the failure to request a hearing on a motion for new trial premised on such a claim results in the waiver of the right to a hearing, Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988).

2019In many cases, motions for new trial have metastasized into all but a retrial of the entire case due to our requirements that ineffectiveness claims be raised in such a motion to avoid waiver, see Smith v. State, 255 Ga. 654 ( 341 SE2d 5 ) (1986); Thompson v. State, 257 Ga. 386 ( 359 SE2d 664 ) (1987), and that the failure to request a hearing on a motion for new trial premised on such a claim results in the waiver of the right to a hearing, Dawson v. State, 258 Ga. 380, 381 (2) ( 369 SE2d 897 ) (1988).

2016During the hearing on the motion for new trial, appellate counsel asked one of Harris’s trial attorneys why there had not been a request for an instruction on “mere presence,” see Morales v. State, 281 Ga. App. 18, 19 (1) ( 635 SE2d 325 ) (2006), and this trial counsel responded that he did not know; when the second trial attorney testified during the hearing, appellate counsel did not ask any questions about the failure to request the instruction.

2016During the hearing on the motion for new trial, appellate counsel asked one of Harris’s trial attorneys why there had not been a request for an instruction on “mere presence,” see Morales v. State, 281 Ga. App. 18, 19 (1) ( 635 SE2d 325 ) (2006), and this trial counsel responded that he did not know; when the second trial attorney testified during the hearing, appellate counsel did not ask any questions about the failure to request the instruction.

2016See generally Walker, 296 Ga. at 172 (3) (c); Brown, 285 Ga. at 327-328 (4).

2016See generally Walker, 296 Ga. at 172 (3) (c); Brown, 285 Ga. at 327-328 (4).

2014See Wesley, 286 Ga. at 356 (failure to make meritless objection does not constitute deficient performance). (b) As to the failure to request an instruction on voluntary manslaughter, even if we were to find that there was slight evidence necessitating the giving of such an instruction upon request, see Harris v. State, 263 Ga. 492 (2) ( 435 SE2d 671 ) (1993), we cannot find that trial counsel’s performance was objectively unreasonable given Reed’s failure to adduce any testimony from trial counsel at the new trial hearing.

2014See Wesley, 286 Ga. at 356 (failure to make meritless objection does not constitute deficient performance). (b) As to the failure to request an instruction on voluntary manslaughter, even if we were to find that there was slight evidence necessitating the giving of such an instruction upon request, see Harris v. State, 263 Ga. 492 (2) ( 435 SE2d 671 ) (1993), we cannot find that trial counsel’s performance was objectively unreasonable given Reed’s failure to adduce any testimony from trial counsel at the new trial hearing.

2014See Davis v. State, 280 Ga. 442, 443 (2) ( 629 SE2d 238 ) (2006) (where trial counsel does not testify at new trial hearing, “it is extremely difficult to overcome th[e] presumption” that trial counsel’s conduct fell “within the wide range of reasonable professional assistance”).

2014See Davis v. State, 280 Ga. 442, 443 (2) ( 629 SE2d 238 ) (2006) (where trial counsel does not testify at new trial hearing, “it is extremely difficult to overcome th[e] presumption” that trial counsel’s conduct fell “within the wide range of reasonable professional assistance”).

2014See Wesley, 286 Ga. at 356 (failure to make meritless objection does not constitute deficient performance). (b) As to the failure to request an instruction on voluntary manslaughter, even if we were to find that there was slight evidence necessitating the giving of such an instruction upon request, see Harris v. State, 263 Ga. 492 (2) ( 435 SE2d 671 ) (1993), we cannot find that trial counsel’s performance was objectively unreasonable given Reed’s failure to adduce any testimony from trial counsel at the new trial hearing.