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Calloway v. State

The defendant failed to preserve his ineffective assistance of trial counsel claim for appellate review, as he did not raise that claim at the earliest practicable moment, when he obtained new post-conviction counsel.

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On appeal from his convictions for aggravated assault and robbery by force, Ernest Calloway argues that he received ineffective assistance of trial counsel in several respects. But Calloway did not challenge his trial counsel’s ineffectiveness in a motion for new trial. The record contains only an initial motion for new trial, filed by Calloway’s trial counsel, that did not allege ineffective assistance. In fact, trial counsel was not permitted to allege his own ineffectiveness in that motion. See Hood v. State, 282 Ga. 462, 463 651 SE2d 88 2007. Although Calloway obtained new post-conviction counsel more than a year before the trial court ruled on the motion for new trial, Calloway did not amend the motion to add a claim for ineffective assistance.

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