Jerome Burgess v. Phil Hall, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance?
QUESTIONS PRESENTED FOR REVIEW 1. Did the Georgia Supreme Court err in failing to find that Petitioner’s appellate counsel provided ineffective assistance by failing to argue on appeal that the State’s failure to disclose exculpatory evidence violated its obligation under Brady v. Maryland, 373 US. 83 (1963)? 2. Did the Georgia Supreme Court err in failing to find that Petitioner’s appellate counsel provided ineffective assistance by failing to argue on appeal that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to crossexamine Petitioner’s codefendant about his plea of guilty but mentally retarded, his IQ test scores, and evidence that he had malingered during psychological testing related to his plea of incompetence?