Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Appellate Division Clerk (Court Executive 3B)

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›
Director of Trial Court Services (Court Executive 4)

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›
Full- time pro se law clerk

CAREER OPPORTUNITYUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT VACANCY ANNOUNCEMENT - USDC-CT 24-14 POSITION: Pro Se Law Clerk OPENI...


Apply Now ›
Go to Lawjobs