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Lewis v. State

The defendant's first appellate counsel was not deficient for failing to present testimony at the new trial hearing that would have allegedly shown that the defendant's trial counsel was ineffective for failing to present alibi evidence.

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This is the third appearance of this case in this Court. Following Willie Henry Lewis’ 2003 conviction for malice murder and numerous other offenses, his 2005 appeal to this Court was dismissed as untimely. See Case No. S05A2037. Lewis filed a pro se extraordinary motion for new trial, and he was appointed new counsel for the purposes of pursuing an out-of-time motion for new trial and a direct appeal. Lewis then filed a motion for an out-of-time appeal, which was granted on June 24, 2011. In the second appearance of Lewis’ case in this Court, this Court affirmed Lewis’ convictions and sentences for two counts of malice murder and other felonies, vacated a conviction and sentence for possession of a firearm during the commission of a felony and remanded for resentencing on that count, and remanded the case for a hearing on Lewis’ claims of ineffective assistance of first appellate counsel. Lewis v. State, 291 Ga. 273 731 SE2d 51 2012. The current appeal is from the trial court’s order on remand which found no ineffective assistance of first appellate counsel. For the reasons that follow, we affirm.

As found by this Court in Lewis’ second appeal:

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