James Larry Johnson v. E. B. Caldwell, Warden, Georgia State Prison

Fifth Circuit

James Larry Johnson v. E. B. Caldwell, Warden, Georgia State Prison

458 F.2d 505, 1972 U.S. App. LEXIS 10217

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 7, 1972

Docket72-1324

StatusPublished

Cited by3 cases

This text of 458 F.2d 505 (James Larry Johnson v. E. B. Caldwell, Warden, Georgia State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James Larry Johnson v. E. B. Caldwell, Warden, Georgia State Prison, 458 F.2d 505, 1972 U.S. App. LEXIS 10217 (5th Cir. 1972).

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Opinion

PER CURIAM:

The sole issue on this appeal is the alleged ineffective assistance of Johnson’s counsel. After conviction in a Georgia state court, but before notice of appeal had been filed with the Georgia Supreme Court, Johnson escaped from state custody. In a letter to the trial judge, Johnson’s counsel stated his intention not to file a notice of appeal and asked to be relieved as counsel on the ground that the Georgia law dictated that when a convicted person escapes from custody his appeal would be dismissed as moot. The counsel’s motion was granted.

The Georgia Supreme Court, on appeal from a habeas corpus denial, held that counsel was not ineffective when he failed to file the notice of appeal because of Johnson’s escape. Johnson v. Smith, 227 Ga. 611, 182 S.E.2d 101 (1971). This holding accords with prior Georgia decisions which have uniformly dismissed appeals in such cases as moot. See Gentry v. State, 91 Ga. 669, 17 S.E. 956 (1893); Huffaher v. State, 122 Ga.App. 773, 178 S.E.2d 718 (1970). As a matter of law, the refusal of counsel to pursue this legal dead end did not render his representation ineffective.

Affirmed.

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PER CURIAM:

The sole issue on this appeal is the alleged ineffective assistance of Johnson’s counsel. After conviction in a Georgia state court, but before notice of appeal had been filed with the Georgia Supreme Court, Johnson escaped from state custody. In a letter to the trial judge, Johnson’s counsel stated his intention not to file a notice of appeal and asked to be relieved as counsel on the ground that the Georgia law dictated that when a convicted person escapes from custody his appeal would be dismissed as moot. The counsel’s motion was granted.

The Georgia Supreme Court, on appeal from a habeas corpus denial, held that counsel was not ineffective when he failed to file the notice of appeal because of Johnson’s escape. Johnson v. Smith, 227 Ga. 611, 182 S.E.2d 101 (1971). This holding accords with prior Georgia decisions which have uniformly dismissed appeals in such cases as moot. See Gentry v. State, 91 Ga. 669, 17 S.E. 956 (1893); Huffaher v. State, 122 Ga.App. 773, 178 S.E.2d 718 (1970). As a matter of law, the refusal of counsel to pursue this legal dead end did not render his representation ineffective.

Affirmed.

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458 F.2d 505, 1972 U.S. App. LEXIS 10217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-larry-johnson-v-e-b-caldwell-warden-georgia-state-prison-ca5-1972.

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