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Harris v. Upton

Appellate counsel was not deficient in failing to locate the defendant's trial counsel for the motion for new trial hearing, since she attempted to contact him using information from State Bar records, at his residential address and by checking with local law enforcement to see if he was incarcerated.

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Appellant Alvin Harris was tried in June 1999 and convicted of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon for which he received a mandatory life sentence for felony murder plus consecutive and concurrent terms on the additional counts. His convictions and sentence were affirmed on direct appeal in Harris v. State, 279 Ga. 304 612 SE2d 789 2005.

In 2008, Harris filed a petition for habeas corpus raising numerous grounds for relief, including several alleging ineffective assistance of appellate counsel. Following an evidentiary hearing at which Harris was represented by counsel and both Harris and his appellate counsel testified, the habeas court entered an order denying relief. Harris timely filed an application for certificate of probable cause to appeal asserting that the habeas court erred in rejecting two of his ineffective assistance of appellate counsel claims in which he argued appellate counsel failed to reasonably investigate and submit evidence in support of his claims on appeal that trial counsel 1 was ineffective for failing to inform him of a plea offer made by the State and 2 was under the influence of drugs during the time he represented Harris.

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