Home/Supreme Court of Georgia/Bailey v. State

Bailey v. State

443 S.E.2d 836, 264 Ga. 300
CourtSupreme Court of Georgia
DecidedMay 31, 1994
DocketS94A0730
StatusPublished
Cited by38 cases

This text of 443 S.E.2d 836 (Bailey v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. State, 443 S.E.2d 836, 264 Ga. 300 (Ga. 1994).

Opinion

Hunstein, Justice.

Appellant was convicted of malice murder and theft by taking.1 His trial counsel filed a timely motion for new trial, alleging, inter alia, that the evidence was insufficient to support the convictions. However, prior to any disposition by the trial court, new counsel withdrew the motion and filed a notice of appeal pursuant to a consent order entered by the trial court. In his sole enumeration of error on appeal appellant contends for the first time that his trial counsel was ineffective.

It is axiomatic that a claim of ineffectiveness of trial counsel must be asserted at “the earliest practicable moment.” Smith v. State, 255 Ga. 654, 656 (3) (341 SE2d 5) (1986). In the present case, appellant through his new counsel had the opportunity to raise a claim of ineffectiveness of trial counsel prior to this appeal in an amendment to the motion for new trial, but failed to do so. As such, his challenge to the effectiveness of his trial counsel is procedurally barred, and no remand is required. Owens v. State, 263 Ga. 99 (3) (428 SE2d 793) (1993).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Golson v. State
306 Ga. 101 (Supreme Court of Georgia, 2019)
Larry Wayne Price v. State
Court of Appeals of Georgia, 2018
Price v. State
815 S.E.2d 109 (Court of Appeals of Georgia, 2018)
Cowart v. State
751 S.E.2d 399 (Supreme Court of Georgia, 2013)
Demarco Montez Cooper v. State
Court of Appeals of Georgia, 2013
Cooper v. State
751 S.E.2d 102 (Court of Appeals of Georgia, 2013)
In the Interest of O. M. J.
676 S.E.2d 421 (Court of Appeals of Georgia, 2009)
In Re Omj
676 S.E.2d 421 (Court of Appeals of Georgia, 2009)
Alford v. State
667 S.E.2d 680 (Court of Appeals of Georgia, 2008)
Garland v. State
657 S.E.2d 842 (Supreme Court of Georgia, 2008)
Jones v. State
645 S.E.2d 569 (Court of Appeals of Georgia, 2007)
In the Interest of E. G.
644 S.E.2d 339 (Court of Appeals of Georgia, 2007)
In Re Eg
644 S.E.2d 339 (Court of Appeals of Georgia, 2007)
Hamilton v. State
640 S.E.2d 28 (Supreme Court of Georgia, 2007)
Carter v. State
622 S.E.2d 60 (Court of Appeals of Georgia, 2005)
Cotton v. State
613 S.E.2d 628 (Supreme Court of Georgia, 2005)
State v. Smith
573 S.E.2d 64 (Supreme Court of Georgia, 2002)
Williams v. State
571 S.E.2d 571 (Court of Appeals of Georgia, 2002)
Heard v. State
552 S.E.2d 818 (Supreme Court of Georgia, 2001)
Rogers v. State
543 S.E.2d 81 (Court of Appeals of Georgia, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
443 S.E.2d 836, 264 Ga. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-state-ga-1994.