Supreme Court of Georgia· 11/23/1998

Turpin v. Lipham

Citations

510 S.E.2d 32
270 Ga. 208
98 Fulton County D. Rep. 3962
1998 Ga. LEXIS 1164

How courts have described this case

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

stating that the test for determining deficient performance in the sentencing phase is whether “some reasonable lawyer at the trial could have acted, in the circumstances, as defense counsel acted at trial” (citation and punctuation omitted)
finding ineffective assistance where trial counsel introduced approximately 2,500 pages of medical, psychological, and social records into evidence, presented no expert to explain the records, and exhorted the jury to read the documents during deliberations
claims that were litigated and decided on direct appeal are barred from review on habeas corpus
“[W]e accept the habeas court’s factual findings and credibility determinations unless clearly erroneous. . . .” (emphasis supplied)
expert assistance needed in penalty phase of death penalty trial for jury to understand effect mental problems might have had on defendant’s commission of murder
“average juror is not able, without expert assistance, to understand the effect [of defendant’s] troubled youth, emotional instability and mental problems might have had on his culpability for the murder.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sears, Hines, Hunstein, Carley

Read full opinion on CourtListener

Cited by

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

Cites

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

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