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Rozier v. Caldwell

The habeas court properly denied relief to petitioner following his convictions for murder and other crimes and the Court's affirmance of those convictions, as he failed to prove that he received ineffective assistance of appellate counsel based on appellate counsel's failure to argue that trial counsel had been ineffective in several respects.

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In 2008, a jury found appellant Christopher Rozier and his co-defendant, Xavier Dyer, guilty of murder and other crimes in connection with the death of Rufus Richardson. They appealed, and we affirmed both of their convictions. See Dyer v. State, 287 Ga. 137 695 SE2d 15 2010. In 2011, appellant filed a habeas petition, alleging that his appellate counsel had been constitutionally ineffective in failing to contend that his trial counsel had been ineffective in several respects. The habeas court denied relief on the ground that appellate counsel’s representation had not been constitutionally deficient. We then granted appellant’s application to appeal to consider whether the trial court erred in erred in ruling that appellant did not receive ineffective assistance of appellate counsel. We now affirm.

1. To prevail on a claim of ineffective assistance of appellate counsel, a habeas petitioner must show that his appellate counsel was deficient in failing to raise an issue on appeal and that, if counsel had raised that issue, there is a reasonable probability that the outcome of the appeal would have been different. Thompson v. Brown, 288 Ga. 855, 855 708 SE2d 270 2011. This burden, although not impossible to carry, is a heavy one. Young v. State, 292 Ga. 443, 445 738 SE2d 575 2013. In examining an ineffectiveness claim, a court need not

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