Hall v. Lewis

How courts have described this case

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

• holding that former OCGA § 24-9-83 required that the witness be confronted with the substance of the alleged prior inconsistent statement before she could be impeached with it
• holding unappealed finding by habeas court that petitioner was mentally retarded under “miscarriage of justice” exception to procedural default rendered moot new sentencing trial based upon ineffective assistance of counsel
• holding unappealed finding by habeas court that petitioner was mentally retarded under “miscarriage of justice” exception to procedural default rendered moot new sentencing trial based upon ineffective assistance of counsel
• claims barred where counsel appointed to represent the defendant in post-conviction proceeds could have raised the ineffectiveness claims in the motion for new trial and on direct appeal
• habeas petitioner’s claim did not fall within narrow range of cases in which a presumption of prejudice could be assumed in context of appellate counsel’s failure to raise trial counsel’s ineffectiveness
• “To decide whether [an appellant] was prejudiced by appellate counsel’s failure to raise trial counsel’s ineffectiveness, this Court must examine the underlying ineffectiveness of trial counsel claim and determine whether that claim would have had a reasonable probability of success.”

Source: CourtListener parenthetical corpus (CC0).