No. 19-87

Jerome Burgess v. Phil Hall, Warden

Lower Court: Georgia
Docketed: 2019-07-17
Status: Denied
Type: Paid
Response Waived
Tags: appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance?

Question Presented (OCR Extract)

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?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Waiver of right of respondent PHIL HALL to respond filed.
2019-07-15
Petition for a writ of certiorari filed. (Response due August 16, 2019)

Attorneys

JEROME BURGESS
Brenda Joy BernsteinThe Bernstein Firm, P.C., Petitioner
Brenda Joy BernsteinThe Bernstein Firm, P.C., Petitioner
PHIL HALL
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent