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Supreme Court of Georgia· 3/9/2009

Cleveland v. State

Citations

  • 674 S.E.2d 289
  • 285 Ga. 142
  • 2009 Fulton County D. Rep. 756
  • 2009 Ga. LEXIS 72

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the defendant failed to demonstrate that, but for his trial counsel’s deficient performance, “there is a reasonable probability that [he] would have accepted the State’s pretrial plea offer”
  • affirming trial court’s finding that the defendant failed to demonstrate that there was a reasonable probability he would have accepted the State’s plea offer but for trial counsel’s alleged ineffective assistance
  • rejecting the argument that a defendant has a “lower... evidentiary burden for establishing Strickland prejudice in the plea bargain context” and reiterating that the second prong of the Strickland test requires the defendant to make an “affirmative demonstration of prejudice”
  • rejecting the argument that a defendant has a “lower . . . evidentiary burden for establishing Strickland prejudice in the plea bargain context” and reiterating that the second prong of the Strickland test requires the defendant to make “an affirmative demonstration of prejudice”
  • To show prejudice, the defendant was required to carry the “burden of proving a reasonable probability that, but for counsel’s deficient performance, he would have pled guilty.”
  • “Decisions regarding credibility are uniquely the province of the trier of fact.” (Citations omitted.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Sears, Hunstein

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.