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
Latest Conference: 2019-10-01
Question Presented (from Petition)

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
U.S. 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?

Question Presented (AI Summary)

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

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
PHIL HALL
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent