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196 Ga. App. 182

Kendrick v. State

Court of Appeals of Georgia

Decided July 2, 1990

Court of Appeals of Georgia · decided 1990-07-02

Cited by 3 later decisions — most recently February 2018

3 state decisions

Key passage — most relied on by later courts

“[C]laims of ineffective assistance of appellate counsel which are premised on other claims that are not procedurally barred may be raised on appeal by new appellate counsel. Assuming that Appellant's claim of ineffective first appellate counsel is properly raised because it is premised on a claim not procedurally barred, a remand to the trial court for an evidentiary hearing would be necessary unless we can determine from the record that the two-prong test for ineffectiveness cannot be met.”

quoted by 1 later decision, including SERDULA v. the STATE.

Relies on Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-07-02

View the full empirical analysis of this case →

McMurray, Presiding Judge.

¶1Defendant was tried before a jury and found guilty of trafficking in cocaine. Defendant’s trial attorney filed a motion for new trial asserting the general grounds and upon the denial of the motion this appeal followed. Although defendant’s trial attorney filed the notice of appeal, it appears that another attorney is representing defendant on appeal as he has filed with this Court a motion to remand the case for a hearing on. defendant’s claim of ineffective assistance of trial counsel. Held:

¶2Where a defendant’s appellate counsel does not participate in a motion for new trial and the issue of ineffectiveness of counsel is raised for the first time on appeal, the case must be remanded to the trial court for a hearing on the issue of ineffectiveness of counsel. Johnson v. State, 259 Ga. 428, 429 (3) (383 SE2d 115). In the case sub judice, defendant’s appellate counsel did not participate in the motion for new trial and the issue of ineffective assistance of counsel is raised for the first time on appeal. Consequently, the case is remanded to the trial court for an evidentiary hearing on defendant’s claim of ineffective assistance of counsel.

¶3Case remanded for evidentiary hearing.

Carley, C. J., and Sognier, J., concur.
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