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Compton v. Jackson

The defendant did not show that his trial counsel was ineffective in failing to object to the trial court's excusal of a juror based on a conversation that occurred outside the presence of the defendant or his counsel.

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We granted Appellant Larry Compton’s application for a certificate of probable cause to examine whether the habeas court erred in rejecting Compton’s claim of ineffective assistance of trial counsel. Finding no error, we affirm.

Compton was convicted of murder and related offenses, and the trial court sentenced him to life imprisonment plus five consecutive years. This Court affirmed his convictions and sentences on appeal. Compton v. State, 281 Ga. 45 635 SE2d 766 2006. In 2007, Compton, proceeding pro se, filed a petition for habeas corpus, which he later amended in 2012 through counsel, arguing that he received ineffective assistance of counsel because 1 trial counsel did not object to the excusal of a juror who was voting to acquit Compton; and 2 trial counsel allowed the trial court to consult two different jurors outside his presence and the presence of his counsel. After an evidentiary hearing, at which Compton testified and also presented the affidavit of his trial counsel, the habeas court denied his petition. We subsequently granted Compton’s application for a certificate of probable cause and directed the parties to address the following question:

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