Skip to main content

Peterson v. State

Citations

  • 663 S.E.2d 164
  • 284 Ga. 275
  • 2008 Fulton County D. Rep. 2166
  • 2008 Ga. LEXIS 522
  • 2008 WL 2574449

How courts have described this case

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

  • noting that, generally, a violation of this right “triggers reversal and remand for a new trial whenever the issue is properly raised on direct appeal”
  • noting that a critical difference between the federal right and the state right is that a violation of the federal right is subject to a harmless-error review while a violation of the state right is presumed to be prejudicial
  • defendant must show both deficient performance and resulting prejudice to establish ineffective assistance due to violation of right to be present
  • even if defendant’s trial counsel was deficient, failure to demonstrate prejudice was fatal to ineffective assistance claim
  • “The United States and Georgia Constitutions both secure the fundamental right of criminal defendants to be present at all critical stages of the proceedings against them.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sears

Read full opinion on CourtListener

Cited by

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

Cites

18 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.