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Bailey v. State

443 S.E.2d 836, 264 Ga. 300
Supreme Court of Georgia·Decided May 31, 1994·No. S94A0730·Published·Cited by 38 cases

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.

Footnotes

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

443 S.E.2d 836 (Bailey v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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